Query - " continuing offence "
Singh_1984
(Querist) 15 January 2015
This query is : Resolved
Greetings to all experts!!!
My Wife Filed 498A case on me in which she leveled that I mentally tortured her in CITY 1 by making demand of CAR. When we went to her CITY 2 I again demanded CAR from her Parents . Then after few days her parents along with few relatives came to our house in CITY 1 . There I and my mother beaten my wife , her father , her mother and her uncle . Between CITY 1 and CITY 2 , one more CITY Lies.
Question to experts is :
Is that all be considered as " CONTINUING OFFENCE " ?
ROHIT SHARMA
(Expert) 15 January 2015
1. The limitation period of notifying the offence if not defaulted as provided u/s 468 Cr.P.C. then the offence is deemed as continuing offence as defined u/s 472 of Cr.p.C. In your instance the offence is deemed as a continuing offence. The presence of a city between city 1 and city 2 is not a criteria that can be disputed that the crime was not continuous.
Devajyoti Barman
(Expert) 16 January 2015
Matrimonial violence is always a crime of the nature of continuing wrong. You would waste your time if you raise this point during trial or quashing.
Rajendra K Goyal
(Expert) 16 January 2015
You may not gain much if you raise the point, move with merit of the case.
ajay sethi
(Expert) 16 January 2015
it is advisable to contest case on merits before magistrate court
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Yes, it would be better for your own sake to challenge the issues in the trial court during the proceedings accordingly.
