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Prem (Registrar - Medical Oncology)     13 August 2012

Jurisdiction/ transfer of criminal case

Dear Sirs,

I got a power of attorney executed in Delhi. The PoA agent made a forged document and sold the property worth 2 crores for Rs 2.5 lakhs on paper in Calicut, Kerala. A police complaint was lodged and they informed me in writing that because a civil case has been lodged against the PoA agent and buyer they prefer not to follow up the matter. Now I need to file a criminal suit in the magistrate's court.

As I live in Cochin I want to conduct the case here. I am told it is not possible as all the acts were done at Calicut.

Is there any way that I can file suit in cochin? I am a Medical Oncologist by profession and my services are in great demand.

Please advise.

 

 



Learning

 7 Replies

N.K.Assumi (Advocate)     13 August 2012

Take up ther matter with the Superintendent of Police of your local area where Police refused to registered a case due to pendency of civil case against the holder of POA. That is a lame excuse by the police. Your case squarely falls within the meaning of cheating and criminal conspiracy to defraud you by the buyer and POA agent etc.

Advocate Bhartesh goyal (advocate)     13 August 2012

 

CR.P.C  Sec 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.In your case  poa had made forged document and  sold the property  in calicut thus offence was commited at calicut so court at calicut has jurisdiction to try and decice the case.you can not file complaint at cochin.

N.K.Assumi (Advocate)     13 August 2012

With due respect to the view of Sir.Bhartesh Goyal, I am of the view that the cse attracts section 120-B, 420 etc of the Indian Penal code. That Section 177 postulates that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed but exceptions have been engrafted in subsequent sections in the Chapter. Section 179 provides venue for trial or enquiry at the place where the act is done or consequences ensued. So inquiry or trial may be had by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. So Cochin court will also have jurisdiction, where the consequences ensued due to the criminal acts.

surjit singh (Assistant)     14 August 2012

I think Mr Prem should approach the CJM with an application under 156(3) Cr.P.C., the magistrate have ample power under it, before going for applicaton under Section 200Cr.P.C.

N.K.Assumi (Advocate)     14 August 2012

There is a Delhi High Court Judgment which is in line with the view of Sir.Bhartesh Goyal, regarding the jurisdiction of the court in view of section 177, and that case is Jai Prakash Vs Dinesh Dayal 1991 Cr LJ  428 (Del). I have posted in the forum requesting the members to post me that judgment, but no one has post me the said Delhi High Court Judgment, and I shall be very grateful to any one who can kindly post me that Judgment, as I am also grappling with similar case pertaining to Jurisdictions of the court. I will be happy to members who can throw more inputs in this query.

venkatesh Rao (Retired Government Servant)     14 August 2012

Among other things, it is a clear case of breach of trust. Advocate Bhartesh is absolutely correct. You have not mentioned where the property is situated. Even otherwise, he breach of trust was committed in Calicut and as such it stands first in the queue of various contenders of jurisdiction. Sec 177 is always subject to other similar provisions and it is 181(4) of CR.P.C. that governs your case. You can very well file a complaint in Calicut.

N.K.Assumi (Advocate)     15 August 2012

If section 181 CrPc is attracted in the case, is it not necessary to note that the accused is liable to return the property to the owner at Cochin as per sub section (4) of section 181 of the CrPc?


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