Chetan Padm (law) 08 March 2013

Jurisdiction of magistrate to register fir

Gentlemen,

Please guide me with this query.

M/s ABC is online retail company operating at Noida. both Directors of M/s ABC resides at Tilak Nagar, West District Delhi (Different Police station jurisdiction)

Mr. B is a consumer who buys stuff making online payment from Punjabi Bagh, West District Delhi ( Different police station jurisdiction)

M/s ABC does not deliver the product nor refund the money. Thus Mr. B sends legal notice to return the money to M/s ABC at operating company at Noida and also to their owners residing at Tilak Nagar, West District Delhi .

Nothing happens. Mr. B files complaint under section 420/406/417/418 against the directors of M/s ABC at P.S. Tilak Nagar, West District to return the money and also under section 156(3) of Crpc to Magistrate

Police / Magistrate objects on jurisdiction that even accused are residing at Tilak Nagar , West District but the appropriate jurisdiction should be Noida where they operate.

Kindly guide me on this. Also I see section 181 CrPC incase of 406 IPC cannot be ignored which says that

(4) Any offence of criminal misappropriation or of criminal breach of trust may he inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. "

Any judgement which says case can be filed where Accused are residing even though no offence might not have been made out there ??????

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 March 2013

Section 156(3) is very briefly worded. The powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

The Classification Of Magistrates:
Before discussing the powers of Magistrate under section 156 (3) of Cr.P.C, it is necessary to understand the categories of Magistrates in our country. The classification of Magistrates is given in the Code of Criminal Procedure,1973. It stipulates that in each sessions district, there shall be

· Executive Magistrates
· Judicial Magistrate of Second Class
· Judicial Magistrate of First Class; and
· The Chief Judicial Magistrate

Inasmuch as section 156 (3) of Cr.P.C says that '' Any Magistrate empowered under section 190 may order such an investigation as above mentioned''., we must understand section 190 of Cr.P.C.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 March 2013

Dear Querist

178. 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 party in another, or

(d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a court having jurisdiction over any of such local areas.

k.kumar raja (advocate) 09 March 2013

ramacharry is correct

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 09 March 2013

Mr. Chetan

your,s complaint under section 200 Cr.PC and application under section 156(3) Cr.PC is bad in law so far as jurisdiction is concerened. complaint must be filed where copany has its registered office. Moreimportant its not a criminal offence. its very difficult to prove cheating. its purely a civil offence. you may have to file suit for specific performance of contract.