Jurisdiction
Thyagarajan
(Querist) 02 November 2012
This query is : Resolved
Dear Experts,
I had invested Rs.6 lakhs for a property in Kodaikanal with a builder (who has his office in Chennai City) and after few legal battle the builder handed over the property paying compensation for delayed completion. As for common infrastructures like access roads in layout ,passage lights in layout an understanding was signed that both will not approach judiciary or police and disputes if any be settled by regular meetings. It is 18 months since the agreement was signed but there was no response from the builder to my letters or phone calls. I brought this to the notice of CM Cell Tamilnadu which issued instructions, one ,to collector Kodaikanal to investigate on civil side whether the layout was completed as per approved drawings and the other to Commissioner of Police Chennai to investigate whether any breach of understandings had happened in criminal side.
The collector advised the CMCell and me that the Pancyayat chief had been removed from service after investigation are made on grounds of allowing the builder to develop a layout without proper approval and also on grounds of mishandling Panchyat properties.
As for criminal side, the Commissioner Chennai had forwarded my petition to Sperindent Kodaikanal Dindugal for investigation. He had sent areport that does not answer my complaint. As I had mentioned above I had followed a case in Consumer Court in Chennai and the Chennai police had investigation on the same builder on the same property. But on civil side I perused a case in a court at Kodaikanal against the same builder.
Hence I am going to write to Commissioner of police Chennai that the case falls in his jurisdiction only as cases were heard in Chennai only and a fresh investigation had to be made. I require the Section reference in Cr.PC that says that the official address of the builder matter in cases to decide on jurisdiction of police station. Can some member help
Devajyoti Barman
(Expert) 02 November 2012
It is place of crime which matters in criminal jurisprudence , not the place of residence of builder.
Police is rightly doing its job, do not interrupt them.
V R SHROFF
(Expert) 02 November 2012
jurid , where cause of action arises.
In few cases, parties agrees for place of jurisdiction, and is binding.
Thyagarajan
(Querist) 02 November 2012
Dear Barman,
It is breach of understanding signed in Chennai and the complaint made by me is to verify whether builder company is still existing or wound up.Police job is to visit the place mentioned in understanding not Kodaikanal.
Your views please.
Raj Kumar Makkad
(Expert) 02 November 2012
The police in whose jurisdiction the offence has taken place has got only jurisdiction to take action and file its report otherwise expectation is erroneous.
