Facts:
A complaint was filed by the wife against her husband and in-laws at 'X'. The court in X took cognizance of the matter. In the initial stage the bail was granted by the High Court. However, after seven years when the charge-sheet was filed, regular bail was granted by the Trial Court.
The chargesheet filed by the Investigating Officer was protested by us, as the Court at X had no territorial jurisdiction. The Court after considering our submissions dropped the proceedings. It was held by the Court that the alleged offences occurred at place Y and not at X and therefore the Court at X will have no jurisdiction. However, simultaneously the complainant (wife) was granted opportunity to file a fresh complaint within the limit of which the cause of action took place.
My question is, if the wife decides to file a fresh complaint but with the same facts and circumstances, with the police station/court where the cause of action occurred, will all the accused have to seek bail all over again or whether the provision of section 462 Cr.P.C. would be applicable?
Secondly, if the wife decides to file the same complaint but with the correct police station/court will all the accused have to seek bail all over again.
Advice in this regard would be highly appreciated. Please also provide case-laws or citation, if any.
Source: http://www.legallyindia.com/index.php?option=com_kunena&view=topic&catid=7&id=7237&Itemid=622
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