498a case transfer & refiling.
Querist :
Anonymous
(Querist) 17 November 2011
This query is : Resolved
Respected Experts, need your inputs for my case:
I had first filed divorce case on the grounds of cruelty which was immediately followed by 498a case against me & my family. All are out on bail now. Chargesheet not yet filed.
Girl not attending in person, divorce case dates, her lawyer is putting petition on all dates giving one pretext or the other for her absence.
498a related concerns:
1). The FIR doesn't contain any event at her city, events are of my city.Can 498a case be transferred from her city to my city based on jurisdiction, for trial.
2). If I go for quashing of the FIR, is there any possibility that she can again file another 498a after adding new masala. Under what section of law this is not allowed.
3). If the FIR quashing is on the grounds of jurisdiction, can she go & refile another 498a in the another jurisdiction (this time she will make sure that jurisdiction matter is taken care of) ?
4). Chargesheet has not been filed yet, can I file discharge petition u/s 239 ? Other than quashing, do I have any other option before filing of chargesheet (as police is delaying the filing of chargesheet, which is giving the girl's side enough time to plan).
Thanks & Regards !
Raj Kumar Makkad
(Expert) 17 November 2011
1. Generally no chance of transfer but you can try for 482 seeking quashing of FIR on this sole ground.
2. No separate FIR under section 498A can be filed by her again against you.
3. Yes.
4. No. You can pray before trial court to direct police to finish investigation within a short span of time.
Rajeev Kumar
(Expert) 17 November 2011
I do agree with mr.makkad
Devajyoti Barman
(Expert) 17 November 2011
I too agree except with regard to point no. 3.
No second FIR on the same cause of action could be registered.
Querist :
Anonymous
(Querist) 18 November 2011
Thx to all experts for your inputs.
Regarding point No. 2, under what section/procedure of law is second filing of FIR barred.
Devajyoti ji, regarding pt.3, can u guide me thru some law/procedure under which this is barred.
Thanks & regards !
Devajyoti Barman
(Expert) 18 November 2011
It is established principle of law, no necessity for citation.
Raj Kumar Makkad
(Expert) 18 November 2011
Barman ji! I was expecting some better reply from you. Anyway, still waiting. Every action in law has any definite logic which is requirement of me as well as of querist. You satisfy it, if you can.
