Case filed in different state based on alleged acts in deffirent state
27-Sep-2023 (In Criminal Law)
I married at my hometown in Uttarakhand. My wife is also from the same city. We stayed for some 15 days at my hometown and then we came to Nagpur. Thereafter we visited our home 2 times in 1.5 yrs of marriage. None of my family members visited me at Nagpur during this period. In Oct 2014 my wife filed a FIR u/s 498a making my whole family accused.CS filed Jun2015 in 498a. In Feb 2015 she filed another pvt criminal complaint in Nagpur court again making my whole family and my uncle as accused. Court has ordered 156(3) investigation in pvt case. Is court at Nagpur competent to take cognizance?
it is not clear from your facts what are the allegations made in 2nt case (i.e private case case) still if the said complaint is other than 498 A and if the alleged offence is other than 498-A then she can very well file private case and if as per allegations the offence is occured in nagpur then yes nagpur court is competant to take the cognizance.
If the offences are inter connected or part of offences committed at one place rest obscured at other place then complainant can file complaint at any one place of her choice but there are several supream court judgments that quashed the case of other in laws when primary facie it apear that inlaws are falsely implicated in the case.
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