What is the jurisdiction of the indian police while lodging the f.i.r ?
rajeev
(Querist) 05 October 2014
This query is : Resolved
If the both parties are of Canadian National......what are the guidelines the local Police has to follow when they are filing the F.I.R?
In my case my wife has lied to the local police telling them that she is local resident. She lied that she is a Canadian Citizen and she already has filed a similar case in Canadian Courts against me.
I was under impression that one can't file the same case in two different common wealth countries. PLEASE CLEAR MY DOUBT??
ROHIT SHARMA
(Expert) 05 October 2014
1. Not until and unless a fresh crime has taken place in Indian territory, the police cannot record an F.I.R. of foreign nationals in light of the first F.I.R. which has already been lodged in Canada and a second F.i.R. for the same cause of action is not maintainable in lieu of the First which has been filed in Canada.
Nitish Banka
(Expert) 05 October 2014
Your wife can register a FIR locally but, determination of fact she is lying will happen in trial.
rajeev
(Querist) 05 October 2014
so what are my options? the FIR has been filed and a charge sheet is also been filed?
where do I go and say that she has filed a case in Canada already.
also does a ACP or higher officer is only authorized to file an FIR if the both parties are of a foreign national. In my case the FIR was filed by an SHO. Is this correct?
rajeev
(Querist) 05 October 2014
please help.
Sailesh Kumar Shah
(Expert) 05 October 2014
fir can be lodged, if cause of action arises in INDIA, so Indian Penal Code, 1860 applies.
This is immaterial that case is also lodged at canada.
ROHIT SHARMA
(Expert) 05 October 2014
1. You can file a special leave criminal petition u/s 482 of Cr.P.C. before the H.C. seeking quashing of the F.I.R. on such merits as described by me in previous reply. Of course you will need to produce evidence of such F.I.R. filed by her in Canada. Your petition will survive.
rajeev
(Querist) 05 October 2014
thanks Rohit and also what bout ACP thingy??
Raj Kumar Makkad
(Expert) 08 October 2014
ACP and higher official of the police after due verification of the relevant facts can only direct to lodge FIR to the concerned police officer in case of foreign national and a letter is required to be written to the local embassy of that country simultaneously in that case.
