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1 week ago

want file a case udisha village for mob linching from hyderabad, is it possible

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear sir,
You may try showing the cause of action arise in your place and it will definitely work out and thus you may get justice.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

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A.Dear Client,

Section 177 of the Criminal Procedure Code establishes that the location where the offense occurs determines the jurisdiction for inquiries and trials. The magistrate within whose jurisdiction the offense allegedly took place has the authority to conduct the trial. Sections 177-189 of the Cr. PC detail jurisdictional concepts. Section 186 addresses situations where multiple courts claim jurisdiction over the same offense; in such cases, only the High Courts can resolve the issue. Therefore, if a mob lynching occurs in an Odisha village, the magistrate with jurisdiction over that area would handle the trial.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
Section 177 of the Criminal Procedure Code lays down the general rule as to the territorial jurisdiction for criminal inquiries and trials. The provision provides that the area within which the offense is committed is relevant to determine the territorial jurisdiction of the trial Court. The Magistrate, within whose jurisdiction the crime was allegedly committed, has the jurisdiction to try the offense, Sections 177-189 of Cr. PC deals with the concept of jurisdiction. Under normal circumstances, the case shall be inquired and tried by a court under whose jurisdiction the offense has been committed. Section 186 Cr. PC addresses the situation wherein the cognizance of a particular offence has been taken by two or more courts and confusion arises as to which of the Courts shall inquire into or try that offense, in such a case, only the High Courts have the authority to resolve the confusion. So, if the criminal offense of a mob lynching is committed in Odisha village, then the Magistrate within whose jurisdiction the crime was allegedly committed, has the jurisdiction to try the offense. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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