Appeal for change in Jurisdiction ~ 498A
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
Case:
My wife registered 498A against my whole family (in Oct-2010), case is filed in west godavari dist (Andhra Pradesh) which is her parental town. My parents live in another XX dist (Andhra Pradesh). After marriage we lived together (setup family)at bangalore (Karnataka), as i was doing job in bangalore.
She mentioned in the FIR as all allegations were happened at my parents town and bangalore.
Current Scenario:
Charge Sheet not filed yet. My parents obtained bails, me and my sister not yet.
Questions:
As the allegations were not happened where the case is registered, can i appeal this in high court of AP for change of jurisdiction either to my XX dist or bangalore ?
Can i appeal in Bangalore court ?
Amit Minocha
(Expert) 06 January 2011
First of all if you say that allegations not happened where case ie Regd, then you are in a way admitting that offence place was different but offence was there. secondly for the purpose of jurisdiction you have to appraoch the Hon'ble Supreme Court but assgining some other reasons as well and finally the local Criminal Court at AP have jurisdiction sicne your wife is living there after seperation.
