Transfer of case
Querist :
Anonymous
(Querist) 15 December 2011
This query is : Resolved
Hi,
In the FIR for 498a filed by my wife, none of the events mentioned have taken place in her city. Chargesheet has been filed & magistrate has taken cognizance. Can I file a criminal appeal in HC to get the 498a case transferred to my city (which has mention in the FIR), on jurisdiction ground ?
thanks !
P.S:I am aware of quashing on jurisdiction ground but that gives an option to the complainant to re-file the case under right jurisdiction with added-masala.
adv. rajeev ( rajoo )
(Expert) 15 December 2011
Instead of trying for the transfer of the case, challenge it on the high court on the ground of jurisdiction.
Ajay Bansal
(Expert) 15 December 2011
As per section 179 and 180 of Cr.P.C. the jurisdiction is also made in the court of the city of your wife.So your this case will not be transfered.
M.Sheik Mohammed Ali
(Expert) 15 December 2011
if you have strong evidence then file quash petition.
V R SHROFF
(Expert) 15 December 2011
Quash is very difficult in 498, say next to impossible.
Troublesome part of 498 is the beginning, i.e.Arrest and bail.
Proceedings continue very long, and as I stated earlier 99% acquittal. so not to worry.
If the Court distance is not very far off, continue there,
If it is difficult to go to court, apply u/s 205 for exemption.
Advocate M.Bhadra
(Expert) 15 December 2011
According to provision of sec.177 Cr.P.C.,every offence shall ordinary be inquired into and tried by a Court within whose local jurisdiction it was committed.You can challenge on ground of the jurisdiction in High Court or file a petition in trial Court u/sec.205 Cr.P.C.exempted from personal attendance.
Shonee Kapoor
(Expert) 15 December 2011
correct, apply for quashing on jurisdiction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 December 2011
Thx to all experts for your valuable inputs.
