Confusion in filing the complaint in respect to jurisdiction
N.J. MISHRA
(Querist) 06 April 2013
This query is : Resolved
DEAR MEMBER PLEASE HELP ME IN SOUGHTING OUT MY PROBLEM;
FEW OF OUR EMPLOYEES (ALL INDIAN CITIZEN) WERE EMPLOYED ON ONE OF THE SHIP. THEY ALL ARE FROM DIFFERENT PLACES SOME OF THEM ARE FROM DELHI, GUJARAT, CHENNAI AND KERALA HOWEVER THEIR EMPLOYMENT WAS MADE FROM OUR MUMBAI OFFICE. WHEN THE SHIP WAS SAILING SOMEWHERE NEAR AUSTRALIA, THEY ALL WRONGFULLY COMMITTED UNLAWFUL ACT ON THE SHIP, NOW THE COMPANY WANTS TO INITIATE LEGAL ACTION (FILING OF CRIMINAL CASE) AGAINST ALL OF THEM IN MUMBAI. AS PER THE PROVISIONS OUR COMPANY LODGED WRITTEN COMPLAINT AT CONCERN POLICE STATION BUT POLICE REFUSED TO FILE THE COMPLAINT ON THE GROUND THAT OFFENCE COMMIT ON THE HIGH SEAS HENCE THEY DO NOT HAVE JURISDICTION TO ENTERTAIN THIS CASE. NOW OUR COMPANY WANTS TO PRIVATE COMPLAINT IN THE COURT.
SINCE THE OFFENCE COMMITTED ON THE HIGH SEAS,THE BIGGEST CONCERN IS THE JURISDICTION PART ON WHICH MAGISTRATE WILL DEFINITLY ASK TO ESTABLISH.
SECTION 188 OF CRPC STATES THAT PRIOR APPROVAL FROM THE CENTRAL GOVERNMENT IS REQUIRED FOR CONDUCTING TRIAL. KINDLY GUIDE ME ON THIS ISSUE.
IT FURTHER STATES THAT OFFENDER MAY BE DEALT OF SUCH OFFENCS AS IF IT HAD BEEN COMMITTED AT ANY PLACE WITHIN INDIA AT WHICH HE MAY BE FOUND. THAT MEANS WE HAVE FILE CASES AT DELHI, MUMBAI, CHENNAI AND KERALA RESPECTIVELY BECAUSE ALL OF THEM ARE FROM THESE PLACES. NO WE CANNOT DO THIS AND SINCE WE ARE HAVING OFFICE IN MUMBAI ONLY WE CANNOT GO THESE PLACES OTHER THAN MUMBAI TO FILE THIS CASE.
KINDLY HELP?????
Devajyoti Barman
(Expert) 06 April 2013
For offences in high seas no case could be committed.
However if the offence you are talking about occurred at shore then surely case can be initiated in India.
Adv k . mahesh
(Expert) 06 April 2013
even you can initiate punishment by issuing charge sheet and disciplinary action
Nadeem Qureshi
(Expert) 06 April 2013
Dear querist
read section 183 of crpc,
Raj Kumar Makkad
(Expert) 07 April 2013
Sections 4 and 188 of the Criminal Procedure Code make it clear that even if the offence is committed by a citizen of India outside the county the same is subject to the jurisdiction of courts in India. The case shall be filed in Mumbai. seen in India do not mean that the accused persons are to be tried in their respective ordinary places of residence rather seen in India refer to any place thereto.
[See Central Bank of India Ltd. v. , Mobarik Ali Ahmed v. The State of Bombay, and Ajay Aggarwal v. Union of India).
N.J. MISHRA
(Querist) 08 April 2013
Dear Mr. Makkad thanks a lot, please provide me the exact citations of the judgement as suggested by you.
Please do the needful.
Raj Kumar Makkad
(Expert) 08 April 2013
Most welcome for your appreciation but the relevant judgment shall have to be searched by you online on inidiankanoon.org
N.J. MISHRA
(Querist) 08 April 2013
well noted; however, Mr. Nadeem had suggested to refer to sec. 183 of Cr.P.C. i.e. OFFENCE COMMITTED ON JOURNEY OR VOYAGE, WHICH STATES THAT -
"WHEN AN OFFENCE IS COMMITTED WHILST TH EPERSON BY OR AGAINST WHOM, OR THE THING IN RESPECT OF WHICH, THE OFFENCE IS COMMITTED IS IN THE COURSE OF PERFORMING A JOURNEY OR VOYAGE, THE OFFENCE MAY BE INQUIRED INTO OR TRIED BY A COURT THROUGH OR INTO WHOSE LOCAL JURISDICTION THAT PERSON OR THING PASSED IN THE COURSE OF THAT JOURNEY OR VOYAGE"
whether it will be an appropriate section to establish the jurisdiction.
