Whether police of other state can arrest the accused without cause of action in their jurisdiction?
Raman
(Querist) 07 June 2012
This query is : Resolved
Dear Sir,
My cousin is permanent residence of delhi and marraige was soleminised in Delhi and the matrimonial home is located is in Delhi.The girl belong to Dist at Haryana .After few years of marriage she left the matrimonial home and joined her paents.She later file FIR aginst my cousin and his family.Till now nothing has happened
My queries are:
1 Since cause of action has arosen in Delhi,alleged dowry harssment by wife is also in Delhi.Whether harayana Police can arrest my cousin on the basis of her allegations?
2 Since Haryana Police has no territorial jurisdiction to arrest or Investigate the matter outside his state, whether the police can compel the accused/My cousin to appear before them? Whether its advisable to appear before the P.S of Hrayana?
3 Whether one can go directly to Punjab & Haryana High Court for quashing or Transfer the FIR as the cause of action has not been taken place in Haryana?
Please advise
Sudhir Kumar, Advocate
(Expert) 07 June 2012
They can they will if the victim is abandoned for dorwry demand (or atleast alleged so) and shelters in their area. They will arrest accused from any part of India.
yogesh
(Expert) 07 June 2012
Its misuse of law if the police arrest the accused without having jurisdiction.Normally Police will have to refer the matter under section 170 of CrPc lacking jurisdiction to the magistrate
From the facts narrated here, there is no cause of action in Haryana, so its advisable to approach to the Haryana High Court for transfer of FIR as there isn bar under section 156 of crpc to register complaint
Devajyoti Barman
(Expert) 08 June 2012
1. Yes, it is duty of the court to determine to cause of action not Police.
2.The Police of any state for the purpose of investigation and arrest can go to any part of India and do its job. You are wrongly advised in this regard.
3.Yes
ajay sethi
(Expert) 08 June 2012
agree with mr barman
Shonee Kapoor
(Expert) 20 June 2012
Repeated query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
