Regarding jurisdiction
Umesh Pandurang Jadhav
(Querist) 20 December 2018
This query is : Resolved
My short summary (I married in osmanabad as per hindu rituals and we both started residing in pune, Further my wife left my residing house went to osmanabad to her parents home ,and declared on election affidavit that she is unmarried on nomination paper,Then I filed IPC 415 and IPC 417 against my wife in pune court )
My case is running in Pune criminal court , then Judge framed charge, Now Judge wrote this information as below:
I have passed an order of framing charge u/s 417 of IPC against accused (My wife) today. While framing charge ,it appears that allegation are of comission of crime at Osmanabad .Complainant deposed at Exh.19 that accused has mentioned false information while appearing in Nagar Parishad election.On the basis of these allegation he says that he and government office has been cheated .Complainant resides in juridiction of this court (Pune). Therefore the private complaint case was inistituted in this court,However the cause of action appears to have occur at osmanabad,place where accused had allegled submitted false declaration regarding her marital status.I am therefore of this prima-facie view that this court does not have jurisdiction to try this cases ,So I am not framing the charge against accused .
Complainant is directed to convience this court regarding Jurisdiction...
which will be the jurisdiction pune or osmanabad ?
Vijay Raj Mahajan
(Expert) 20 December 2018
Osmanabad court has jurisdiction, rightly decided by the Pune court on provided reason for the same.
Dr J C Vashista
(Expert) 21 December 2018
I agree and appreciate expert opinion and advise of Mr. vijay Raj Mahajan.
It is the cause of action where it occurred, i.e., Osmanabad court have the jurisdiction to take cognizance and proceed.
