498a and police jurisdiction
Querist :
Anonymous
(Querist) 10 February 2019
This query is : Resolved
Dear Experts ,
FIR in 498A is filed against me and my family in State of Rajasthan , however there is not even a single criminal allegation in Rajasthan mentioned FIR . All criminal allegations are in UP and Maharasthra .
The Rajasthan Mahila Thana calls me , however they have not yet send me the official 41 notice to appear , while they have said this in a phone call .
Only Marriage had taken place in Rajasthan , where her parents live not her .
Please tell me the further course of action . This FIR will be transferred by the Police ? Why are they not sending me 41 crpc notice to appear for investigation , only pressuring me on phone that too made from personal mobile phones to come to Police Station . I am currently in Maharashtra .
Please advice
Vijay Raj Mahajan
(Expert) 10 February 2019
Section 41, 41a CrPC notice is sent only by police registering FIR if only for the sake of mediation process Mahila Thana seeking your presence no formal notice required to be sent to you and phone call is good enough.
As far issue of jurisdiction of police taking cognizance of the offense is concerned, that issue can be raised by you before FIR get registered and for that you must visit Mahila Thana and inform them in written reply about the issue of jurisdiction, if that is ignored by them, report that in writing to the DCP under whose jurisdiction the Mahila Thana is situated.
Querist :
Anonymous
(Querist) 10 February 2019
Mr Mahajan , During the telephonic conversation when the IO was talking to me , said that she will send a formal notice if I will not come to the station . Is it permissible by law to intimate by phone I really doubt . As a notice is required from them to call me for investigation process .
Vijay Raj Mahajan
(Expert) 10 February 2019
No problem, go to Mahila Thana accompanied by local lawyer to speak to them and workout the jurisdiction dispute.
Look what is permissionable by law or not, the police will always record in their report they contacted you and asked you to come for which you refuse and hence FIR was registrated at their Thana, why making issue for small thing if you can get her complaint disposed on the basis of wrong jurisdiction at this stage.
