• Jurisdiction

False, concocted and frivolous criminal complaint was filed in oct.2010 at Dalund Taluka, case contested and acquittal order passed in 2016 .. Now filed counter case at Pune against the person who filed false FIR and deposed falsely before the court at Daund. Whether Pune court is having jurisdiction ?
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

Counter case should have been filed in jurisdiction of court wherein false criminal complaint was filed ie dalund taluka

2) you have not mentioned on what basis you filed case in Pune

3) the averments made by you as to jurisdiction of courts at Pune

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It seems summons has been issued agaisnt you in the une case.

2.if that si so file a quashing petition in the high court challenging the complaint and subsequent summoning order.

3. Te question of falsity of the case is to be determined after final adjudication.

4. Only if on bare perusal of the complaint is found that there is allegations of offence committed in Pune then the case would be maintainable.

5. So without seeing the contents of the complaint it is difficult to say the merit of this new case/

6.You can nayway go for quashing.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

False, concocted and frivolous criminal complaint was filed in oct.2010 at Dalund Taluka, case contested and acquittal order passed in 2016 .. Now filed counter case at Pune against the person who filed false FIR and deposed falsely before the court at Daund. Whether Pune court is having jurisdiction ?

It depends on what basis the counter complaint is lodged and if the incidents fall within the said jurisdictions then it may be maintainable.

If it is not within the territorial jurisdiction then a quash petition may be filed to quash the FIR before high court

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Whether Pune court is having jurisdiction to take cognizant if yes please let me know the citation of apex court. Also Pune JMFC Court is satisfied that bar of section 195[1][b] not attracted, found primafacia case but have doubt of jurisdiction

If the counter case is not falling within the Pune JMFC jurisdiction, but the court has allowed it, then you may file a petition before high court to quash the same under section 482 cr.p.c. for the reasons of non-maintainability ue to out of territorial jurisdiction.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

please let me know the answer pl

If the court has taken the case on file then it may be challenged before high court as advised above.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. if arrest was made at Daund, then the court of Daund has jurisdiction because partly offence has committed at Daund by arresting a person in order to abuse of process of law.

2. no other option is available to deciding jurisdiction at Daund

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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