Whether police of different jurisdiction can tried the case u/s 406 ipc for dowry artiucles
Mentally Depressed
(Querist) 23 June 2012
This query is : Resolved
Dear Sir,
Its written under Crpc That offence falling U/S 406 of IPC, police of that Jurisdiction sHall investigate the case where the offence has been committed.
But in my case my Brother wife has file the case in her home town( different state) and we are residing in Delhi and the matter has been referred to CAW( Women Cell)u/s 498-A/406
I applied for A.B before session court in that state but it is treated as pre mature
My query is that since allege offence has taken place in Delhi Jurisdiction whether the police of OTHER state can investigate the matter u/s 406? and Whether police of other state has the power to search our residence?( because in that case search warrant needs to be issued which has to be taken from magistrate of the jurisdiction)
If other state police personnel entered into our accomodation without any
Adv.R.P.Chugh
(Expert) 23 June 2012
1. You are reading selectively. S.177 CrpC lays down the general principle that an offence shall be tried where it is committed.
2. Criminal Breach of Trust - 406 - is said to be committed and hence can be tried at the following places :-
a) where the articles were entrusted;
b) Where the articles were required to be given back or accounted for;
(For this see Section - 181(4).
3. As regards 498A - since it's a continuing offence - jurisdiction lies normally if a woman decides to file at her parental place.
4. If inspite of all this - the other state does not have jurisdiction still you can't stop the police from investigating. SInce the Supreme Court has time and again ruled that police in such case can't refuse to investigate but have to send over the investigation to competent police station by recording a ZERO FIR.
5. Consult a seasoned counsel, instead of interpreting the law on your own.
Good Luck !
Rajeev Kumar
(Expert) 23 June 2012
Yes Bharat is said the right procedure and the places where the case can be lodged in respect of criminal breach of trust as far as 498a is in question it is a continuing offence and can be tried anywhere the wife is residing at present. our apex court has again and again delivered judgement in this regard.
N.K.Assumi
(Expert) 23 June 2012
In addition to the responds of Bharat, under section 6 of the Dowry Prohibition Act 1961, if he has received dowry he should transfer it to the place where the woman is residing, and if he fails the woman gets the cause of action for filling complaint where she is residing.
dev kapoor
(Expert) 23 June 2012
Mr.Shonee Kapoor & Others,
Is this qn not a 'purely academic'?
Anyways,querist please read recent SC Judgmenttitled Sunita Kumari Kashyap Vs.State of Bihar delivered of 11 April,2011 by a Bench of P. Sathasivam, B.S. Chauhan JJ.
Regards
