Territorial jurisdiction

mere demand of dowry or accepting of dowry is not an offence under 498a.But they must have alleged that you threatened them with harrasment in cityA at the time of marriage thereby forcing them to give dowry.this way jurisdiction is created in city A

Dear Sir

              so u mean to say as per the above statement that CITY "A" does not entitled for trail as per jurisdiction so there is better chance of quash is it right plz enlighten me,

The territorial jurisdiction now has to decided now in Sunita Kumari Kashyap Vs State of Bihar.

 

 

 

Regards,

 

Shonee Kapoor

shonee Sir still i could not able to get u, is megerly alleging with false statment like given dowry and marriage taken place at her residential city attracts jurisdiction,apart from alleging offence taken place at her matrimonial home which is not her parents city. Still is this attracting crpc sections 177,178c,179

The law laid by SC is binding. Whether it makes sense or not. It is the law now.

 

 

 

Regards,

Shonee Kapoor

Brother its very unfortunate but true. Any false allegation of alleged cruelty/dowry harassment at some city X its continuing to city Y or its effect ensuingin city Y will create jurisdiction in both city X and Y due to deadly combination of crpc 177,178c and 179. mere allegations create a prima facie case which will make you run for AB fearing police of some distant place and home turf of sweet wife till CS is filed. If its made mandatory that to attract 178c or 179 evidence of both cause of action and effect will be required at the time of filing complaint IPC498A will become less savage. regards ASHOK

ashok sir am i right in saying as per law that alleging giving dowry and performing marriage at wifes own place creates a jurisdiction in 498A irrespective of other story of commiting the offence of criminal act at the husband place even taking into the view that CRPC sec 177,178c&179 does not match the allegation plz provide me info as iam ready to file for quashing in HC.Thanks in advance

Dear these days complaints are not spontaneously filed but are well cooked in advance with the help of lawyers to create jurisdiction at parental place taking care of latest apex court judgements. They must have alleged that though all cruelty took place at matrimonial home you turned her out of house saying that if she returns without dowry she will be killed . So she was under constant mental trauma in her parental place thereby attracting crpc 178c. to bolster their claim for 178c they might have alleged that you repeated these threats over telephone call which either you made or they made, thereby the cruelty continued in parental place cementing 178c. further they might have alleged that because of your cruelty in matrimonial place and your throwing her out of house she went into severe bout of depression and became suicidal or made an attempt which was prevented in time by her family so effect of cruelty comitted in matrimonial place ensued in parental place So now crpc 179 is also affirmed. Its the same story being churned out again and again claiming thousands of innocent victims. Till complete details of fir are known its impossible to justify or contradict jurisdiction claims. Since arrest has already taken place worst is over. you can file a petition for crpc 177 at the first hearing after CS is filed in the sessions court it self or go for 482 in HC after CS is filed but chances of success are fairly low unless the fir has not been cooked properly. regards ASHOK

Ashok sir thanks alot for explaining in brief how the sec177,178c,179 are attracted and how these days they are pre planned to book and harras the family members but what about in trail when these allegations of harrasing for getting more money can be proved by the b*tches or the onus will be on us to prove that we never demanded how to confront on such statment plz enlight me.Sir iam applying for quash in HC and taking a last chance or else the trail is going to be started next month.Hope god listen to our truth and help in the tough time.Thanking u

For any conviction wife's side will have to prove beyond reasonable doubt that any life threatening cruelty or dowry harassment was done by you. burden of proof lies squarely on her rest assured . regards ASHOK

Ashok Sir so how do u rate wife alleging given dowry and harrassed for more dowry.if she claims rs 1 lac given as dowry and she can prove that my father has taken hand loan from relative or friends in such case how we can prove our innocensense. 

Strongman,

 

Act strongly. Let them give this statement. Thereafter you can use the same statement to gain acquittal as normally prosecution doesnot make such party witness.

 

There are atleast two acquittal judgments from P&H High Court in this regard, you can take it from me whenever you need it by writing me an email.

 

Also, please remember that case is decided in entirety and not on the basis of one allegation or the other. If you are able to bring doubts on the substantial part of the prosecution story, you win.

 

Regards,

 

Shonee Kapoor

shonee sir i have personnely mailed my mail id for the judgements Thanks alot 

Thanks a lot  Shonee Sir for the excellent discussion .I have gone in details of he Sunita Kumari Kashyap vs State Of Bihar And Anr. on 11 April, 2011 judgement it says clearly as " having arisen within the jurisdiction of the court where the offence was committed, could not be tried by the court where no part of offence was committed."Then if I file a criminal case against ex,FIL the crime which thay have committeed at my place then can it be transferred to their place by SC (if they are in other state) as done in Divorce cases.

Please Guide,

Rgds,

Raj