sumit (Advocate) 11 June 2013

498a

Dear All,

I am practicing lawyer by profession and want to seek your kind and able guidance with respect to position with respect to which I am stuck.

There is a case which i am handling wherein a complaint was filed the wife against her husband and in-laws at 'X'. The court in X took cognizance of the matter. During a later stage all the accused were granted regular bail by the Court.

The chargesheet filed by the Investigating Officer after seven years was protested as the Court at X had no territorial jurisdiction. The Court after considering the submissions dropped the proceedings, however granted opportunity to the complaint to file a fresh complaint within the limit of which the cause of action took place.

My question is, if the wife decides to file a fresh complaint with the police station where the cause of action occured, will all the accused have to seek bail all over again or whether the provision of section 462 Cr.P.C. would be applicable?

Secondly, if the wife decides to file the same complaint but with the correct police station/court will all the accused have to seek bail all over again.

Advice in this regard would be highly appreciated. Please also provide case-laws or citation, if any.

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2 Replies

Chetan Joshi (Advisory/Advocacy) 12 June 2013

How was the proceedings dropped? Were they acquitted?

Prima facie, there is a need to get a separate bail although I wonder to how far the doctrine of Res Judicata shall be applicable.

Regards

Chetan(dot)7679(at)gmail(dot)com

sumit (Advocate) 12 June 2013

Dear Chetan,

The proceedings were dropped because upon an application moved by us disputing upon the territorial jurisdiction, the Court was of the view that it has no territorial jurisdiction. It was held by the Court that the alleged offences occured at place Y and not at X and therefore the Court at X will have no jurisdiciton.

No, the accused have not been acquitted, rather the complainant has been given the opportunity to prefer the complaint within the court/P,S. in whose jurisdiction the alleged offences occured.

P.S. : The bail to one of the accused was granted by the High Court and anticipatory bail was granted to other acused by the High Court. However, when the chargesheet was filed, court bail was given to both the accused.