Whether it necessary every accused should joined petitioner for chllenging territorial jurisdiiction
Raman
(Querist) 04 November 2012
This query is : Resolved
If all family members have been implicated under section 498-A/406 at parenteral place of bride's residence and for challenging the territorial jurisdiction of the trail court before the High Court, whether its necessary that all accused of the family members should join as petitioner?
In case only one Accused petitioner challenge the territorial jurisdiction of trail court by challenging the common summon issued by area magistrate and proceedings are quashed or transferred by H.C, whether all accused will get the relief??
Devajyoti Barman
(Expert) 04 November 2012
No any of the accused persons can file the quashing petition.
If it is allowed on jurisdiction ground then it would effect all of them. However if it is quashed on the ground that there is no cause of action against the petitioner only, then only he would get the relief, not others.
Raman
(Querist) 04 November 2012
thank you sir
ajay sethi
(Expert) 05 November 2012
you dont have a case . wife can file complaint under section 498A from place wherein she is presently residing ie her parents place
Raman
(Querist) 05 November 2012
Sir I am seeking the information on territorial jurisdiction on the place of trail..not on complaint filed by wife..
Sudhir Kumar, Advocate
(Expert) 11 July 2013
read section 177&178 of CrPC
177. Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
178
78.Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed, partly in one local area and partly in another, or
(c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas
