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Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court

The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued. The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by accused seeking transfer of criminal case from the Court of Metropolitan Magistrate at New Delhi to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh. In this case, FIR was filed under Section 389 read with 34 IPC against 4 accused. According to the complainant, he learnt from the newspaper reports and T.V. media report that the accused had falsely alleged that she was gang raped in his house. It was also stated that he had received messages to pay Rs. 5 Crore otherwise he would be arrested on the ground of gang rape. Putting person in fear of accusation of offence, in order to commit extortion, is an offence punishable under Section 389 IPC.

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