Respected Mahadev Sir
Thanks once again for your reply and precise guidance.
I want to go to DGP office with a legal proof that the local police has done illgeal act and thus the FIR which UP Police transferred on their own should be called back.
And if they call back then I want to move to Delhi HC to quash the Delhi FIR and subsequent proceedings for lack of jurisdiction.
Considering the point highlighted by you that u/s156CrPC Police have powers to investigate any cognizable offence irrespective of jurisdiction - we waited and Delhi Police has filed chargesheet. In that also there is no mention of any incident of Delhi.
What should be my strategy?
Can I go to Del HC on jurisdiction issue and hope for a quash. And in case it is quashed, the U.P. FIR is already transferred to Delhi so that also goes. So I am free of 498A...!! ??
If it is quashed on jurisdiction what will be the impact on divorce case which I want to file? How will it be proved that the FIR was false (for the purpose of cruelty).
Respected Ramesh Singh Sir
Thanks for your interest in my issue. It is a proper FIR having a number. It is registered under sec. 154 of CrPC. The local Police in U.P. has transferred it to Delhi only with a letter and only with the approval of senior Police Officer most likely DIG. There is no SC / HC order. In fact the Allahabad HC gave us stay on arrest and immediately after the HC final order they transferred the FIR. As per Utter Pradesh Magistrate Record there is no police report. So the U.P. Advocate told me that effectively the case is pending with Court.
Thanks and Regards