Legal Advice

Can I file criminal case in Noida against company situated in Chennai

Question: I reside in Noida, Sector 20, and have been employed by a Chennai-based company for the past six months. Unfortunately, they have withheld my salary on unsubstantiated grounds. Is it possible for me to file a criminal FIR online, ideally without the necessity of traveling to Chennai?

Advise

Yes, you can file a criminal case in Noida, regardless of the fact that the company is originally situated in Chennai. This is because a portion of the offense has taken place in Noida, allowing you to lodge a First Information Report (FIR) against the company in Noida.

According to Section 178 of the Code of Criminal Procedure, when an offense is committed partly in one local area and partly in another, the FIR can be lodged in either of those areas.

In terms of jurisdiction for registering and investigating the crime, it is essential that a portion of the offense occurs within the territorial jurisdiction of the local police station. Section 177 of the CrPC specifies that the act constituting an offense must occur within the jurisdiction of the respective Magistrate for them to take cognizance. However, Section 178 of the CrPC holds that even if only a part of the cause of action has arisen within a jurisdiction, it is sufficient to initiate criminal proceedings against the accused person.

Section 178 of the CrPC takes precedence over Section 177, meaning that when a part of the cause of action has arisen, it is adequate to commence criminal proceedings.

Section 177 of the Criminal Procedure Code, 1973, pertains to the ordinary place of inquiry or trial, whereas Section 178 of the CrPC addresses the place of inquiry or trial when it is uncertain in which of several local areas an offense was committed, or when an offense is committed partially in one local area and partially in another. You can lodge FIR in Noida without hesitation.

Shivendra Pratap Singh

Advocate

High Court Lucknow