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sunil (accounts asst)     15 March 2016

Transfer of 498a case

Divorce case against my wife is going on in family court she is at her home town and filed a fake case against me and my family under 498a i got anticipatory bail chargesheet still not filed. I have following queries in this regard

1 all the fake incidence reported in FIR have taken place at my town how a case can be registered in a town which is 450 kms away how the question of jurisdiction is not raised as we often see police quarrel on the basis of jurisdiction.

2 I am thinking of quashing the FIR on the basis of jurisdiction issue under section 482 crpc in high court as I have one supreme court decision where court ordered to quash the case as jurisdiction is not appropriate. When should i start the process of quashing after receiving the summons from the police to be present in the court for filing chargesheet or shall I start it now? but I am not sure if case will start at my wife's home town or it will be transferred to my town court by 0 number as most laweyers told me that it will be transferred. Chances of closure report by the police are more as no such incidence has taken place but i doubt the police. 



Learning

 6 Replies

MUKUND KUMAR (Lawyer)     15 March 2016

1.she can. 2 . Will not happen. Start thinking something new

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 March 2016

Sir,

 

Better is to get transferred rather than going for quashing, because generally in those case the HC does not quash saying that it a purely a matter of trial.

 

Warm Regards

Kapil Chandna Advocate

9899011450

sunil (accounts asst)     15 March 2016

Thank you sir when shall I start the process of transfer before filing charge sheet or after filing charge sheet?

sunil (accounts asst)     15 March 2016

CASE NO.: Appeal (crl.) 904 of 2004 PETITIONER: Y. Abraham Ajith & Ors. RESPONDENT: Inspector of Police, Chennai & Anr. DATE OF JUDGMENT: 17/08/2004 BENCH: ARIJIT PASAYAT & C.K. THAKKER JUDGMENT: J U D G M E N T (Arising out of SLP(Crl.)No. 4573/2003)

Will this case help me?

saravanan s (legal advisor)     15 March 2016

If the effects of the offence ensues from the place she resides then she can file case from that place.so you can't go for quashing on the basis of wrong jurisdiction

Vijay Raj Mahajan (Advocate)     15 March 2016

In 498a matter the issue of jurisdiction will not be entertained by high court for quashing because act of cruelty is a continuous offence, your wife can always plead her harassment at her native place 400 km away by you through phone, you have been demanding dowry etc even till date thus being harassed and committing act of cruelty punishable u/s 498a IPC.

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