Can a fir be lodged if the both parites are of a canadian nationality??
rajeev
(Querist) 01 October 2014
This query is : Resolved
Hi I was told that a Police can't lodged an FIR if both the parties are of a Foreign Nationality. Me and my wife both are Canadian. She paid money to local Police and got an FIR registered under 498A and other IPC acts. Once I got the permanent bail she went to the same Police station and got another FIR registered.
I was also told that the local SHO has no legal right to registered an FIR in our case. The law is that if the both parties are not an Indian citizen then an officer who is of an ACP rank or higher has to take the complaint and then within two weeks he has to investigate the complain and if he finds good reason then he can file the FIR or direct an SHO to lodged an FIR.
In my case this was NOT DONE, an FIR was lodged in March of 2013 and I was notified in November of 2013 that this has happened and I have to surrender and apply for bail. I had to rush to Allahabad High Court and I got "stay" on my arrest and then I surrendered in the local court and first got temporary bail and after 3 months later I got permanent bail. Now the local courts have taken my passport as they have said that I can't leave India till my case is resolved. In last 8 months I have attended 38 court dates and my wife who has gone back to Canada hasn't attended even one court date.
My question is that the person who told me about ACP thingy.......is this correct?? and if he is correct under what law this law is mentioned so I can tell my local lawyers who doesn't know this law.
If this is the case then I can go to the Allahabad High Court and get this FIR quashed. I am stuck in India for last 8 months and fighting these fake cases.
PLEASE HELP!
Adv. Nikhil Seth
(Expert) 02 October 2014
at the outset your passport cannot be seized by any court. there is a SC ruling on this.
secondly as u attended 38 dates means ur chargesheet would have been filed.
you check whether charges are framed in your case , if not than file for discharge application.
Sudhir Kumar, Advocate
(Expert) 02 October 2014
first of all you are not telling what are the allegations other than 498a (wherein you already got bail)
Sudhir Kumar, Advocate
(Expert) 02 October 2014
criminal law applies to every indian citizen abroad and every person found on the Indian soil (regardless of the nationality)
A foreign national does not have lesser right than Indian, when it comes to give complaint to police and police has no powers to ignore complaint given by foreigner.
A foreign national does not have better right than Indian, when it comes to beinbg accused in a complaint to police and police has no powers to ignore complaint given against a foreigner.
rajeev
(Querist) 02 October 2014
Mr. Seth what SC ruling is that? Yes a charge sheet has been filed.
My main question was is there is a law in IPC which the Police have broken??
Mr. Kumar 498a, 504, 506, 419, 420. Mr. Kumar the IPC law regarding ACP is correct or not??
rajeev
(Querist) 02 October 2014
Mr. Seth the local court (Varanasi) has already taken away my passport.
Shailesh Kumar Shah
(Expert) 05 October 2014
fir can be lodged since cause of action arises in INDIA, so Indian Penal Code, 1860 applies.
M V Gupta
(Expert) 05 October 2014
your information that the local SHO cannot register FIR on complaint given by a foreign citizen is not correct. Even if a foreigner approaches the ACP with his / her complaint, the FIR can be registered at the SHO level only. I am also interested to know the SC decision which Mr. Nikhil Seth mentioned. We have to see whether the decision is applicable to all cases or is based on the facts of the particular case before them.
T. Kalaiselvan, Advocate
(Expert) 05 October 2014
Since the defacto complainant is not turning up for deposing evidence, you can approach high court for quashing the case on this basis and other facts of the case. Ask your advocate to search for suitable judgment applicable to your case and proceed with quash.
