Shantanu Wavhal (Worker) 22 April 2013

498a - wrong jurisdiction - challenge in trial court itself

Supreme Court of India

Geeta Mehrotra & Anr. vs State Of U.P. & Anr. on 17 October, 2012

https://www.indiankanoon.org/doc/32779168/

18. In so far as the plea of territorial jurisdiction is concerned, it is no doubt true that the High Court was correct to the extent that the question of territorial jurisdiction could be decided by the trial court itself.

in case of 498a etc. if wife files complaint in wrong jurisdiction,

why most of the ppl. go to quashing in HC ?

isnt it better to file an application in the Trial Court itself praying for dismissal of the complaint ?

why this route is not so heard about ?

pl elaborate.

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1 Replies

(Guest)

Following may be the reason for your quest-

1.Unawareness about the provision of section 239 of CRPC among people.In one of my earlier thread I talked about this provision.Here is the link but the response is NIL due to this un-awareness. See the below provided link.

https://www.lawyersclubindia.com/forum/Quashing-of-fir-74614.asp

2.Section 482 of CRPC is most talked about.Therefore, it's easily learnt by the lawyers and people alike.

3.The most important reason to choose section 482 of CRPC is that,people want safegaurd against the chances of another FIR lodged within another jurisdiction since 498-A is a continuing offence and the cause of action along with place of action vary as per the the will(due to the Women-centric laws/approach).

I wish myself not to indulge in a un-fruitful discussion on the topic where someone is saying 498-A is not a continuing offence.Hope you understand.

Note-This reply is taken as per the declaration given in my profile page.

Thanks,

Regards,

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