Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1539 PW 2022 State Vs Ling Ganesh and ors.
CNR No.MHMM18-008059-2022
Order Below Exh.1
1. Perused record. The present Final Report is filed for offences
punishable under Sections 498-A, etc. of Indian Penal Code, against
husband and his two sisters and their husbands. Husband/accused is resident
of Tamilnadu. Both the sisters are also residents of the places situated
beyond the jurisdiction of this court.
2. All of them are present before this court, as matter is fixed for
framing of charge and bail compliance. The main accused/husband of
informant, came to attend the date all the way from Tamilnadu.
3. After going through the record it is noticed that it is mentioned in the
First Information Report itself that all the incidences occurred at the places
situated beyond the jurisdiction of this court mainly at Tamilnadu, Navi
Mumbai and Goa. Same fact transpired from the evidence collected during
investigation, on the basis of which charge sheet has been filed.
4. As such from the record/material produced it is clear that this court
has no jurisdiction to try and decide the matter. Therefore, Ld. A.P.P. was
called and inquired with him as to why this matter shall not be sent back to
concerned police station, for it’s presentation to proper court. Accordingly,
heard Ld. A.P.P. and Ld. Advocate for the informant.
5. Certain submissions made however, impliedly it is admitted that this
court has no territorial jurisdiction. There found nothing in their submissions
on the basis of which it can be inferred that this court has jurisdiction.
Further, there is nothing in the record which will confer jurisdiction on this
court to try and decide the present matter. It is clear that this court has no
jurisdiction. Charge sheet is filed at wrong place. Accordingly, following
order -
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C. C. No. 1539 PW 2022 State Vs Ling Ganesh and ors.
CNR No.MHMM18-008059-2022
ORDER
a. The whole Record and Proceeding is ordered to be returned to the
concerned police station for it’s presentation to proper court, retaining it’s
photocopy.
b. Proceeding before this court is closed. Parties are directed to be in
touch with concerned police station and obtain necessary information from
it and remain present before concerned court whenever called for.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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