Cancellation report of FIR for lack of jurisdiction
Querist :
Anonymous
(Querist) 12 May 2011
This query is : Resolved
R/Members I had filed a complaint uss 498 a etc at Hisar and police register a FIR on the order of the court,now io (police) has forwarded a report that Hisar police have no jurisdiction as marriage was solemnized at Bihar and couple resided In Punjab after the marriage,but facts of the Case are that though marriage was solemnized at Bihar and parties resided In Punjab after the Marriage but wife was also beaten at Hisar by accused where she is residing after the desertion by her husband with the family of her real uncle.what i have to do in given facts,i can protest for this in concerned Magistrate court at Hisar or i have to move to high court ,kindly advice.Thanks Rekha
PARTHA P BORBORA
(Expert) 12 May 2011
criminal cases should be filed in the place of occurence. If the place of occurence is Hisar, it should be registerd in the Hisar P/S. in my opinion the Court concern will not accept the report.
Devajyoti Barman
(Expert) 12 May 2011
Best thing for you to do is to file a petition u/s 156(3) crpc before the concerned magistrate if the police has not registered the FIR. Get in touch with a good local lawyer.
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