Jurisdiction

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved
Respected Sir,

Please suggest under 498 is teretorial jurisdiction quashable , the FIR as the real goods have been despatched from Maharastra and Sec 420 and 468 and 471 and 406 have been slapped on the accused who has purchased the goods on good faith by the broker who has in joining hands with the lorry driver changed and forged the invoice and the same has been deposited in the government warehouse by the buyer , but the broker has played all the game which is preplanned. Now a person from Madhya pradesh has lodged the above complaint and claims that the goods are his, but the invoice provided by the brokers is from maharastra (some other party) .Now please suggest and provide some citations to help to quash the FIR under teretorial jurisdiction.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 22 January 2012
The FIR can be lodged only by the police wherein the offence was committed and no separate case is required for this settled position of law and its procedure.

s.subramanian (Expert) 22 January 2012
yes. i fully endorse the above view.

Devajyoti Barman (Expert) 22 January 2012
Yes.
Moreover the territorial error is not a ground for quashing the 498A case. The court may transfer the case to the jurisdiction where the alleged offence may have occured.

Moreover under the recent supreme court decision the wife can well file such case from her parental home only.

Raj Kumar Makkad (Expert) 22 January 2012
# Barman the matter under dispute is not 498A IPC rather of fraud etc. which has been allegedly committed while carrying goods in lorry so mentioned decision of SC is not applicable in the present case.