Jurisdiction in criminal case

Guest (Querist) 17 January 2013 This query is : Resolved
What is mean by jurisdiction in 498a criminal case?

Wife was staying with husband in City1 of state X?
FIR registered in City2 of state X.

City1 and City2 in same state i.e. State X.

Now Which City has jurisdiction?

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Raj Kumar Makkad (Expert) 18 January 2013
If the harassment to wife has also been done in the city wherein the FIR has been lodged then there is no question of raising question mark over jurisdiction.

ajay sethi (Expert) 18 January 2013
what are the allegations in the FIR . wife must have alleged occurence of some event in city 2

Guest (Querist) 18 January 2013
For Ajay Sethi ji
In city 2 she told that I and unknown came to her house demanded dowry and gave warning to kill her if she come without dowry item i.e. in City2.

Guest (Querist) 18 January 2013
For RajKumar Makkad ji

Neither in city1 nor in city2 any harrashment was done. Truely speaking she did harrashment to whole of my family.

Raj Kumar Makkad (Expert) 18 January 2013
The contents of your subsequent facts do show that the demand of dowry was also made in the city wherein FIR has been lodged. The contents of FIR are to be read over while deciding the jurisdiction.

Guest (Querist) 18 January 2013
Subject of FIR say:
Crime place wife's in-laws house. which is in city1 of same state where wife parents house in city2.

V R SHROFF (Expert) 18 January 2013
Woman and can file 498A, where she reside, as a special case [FIR JURISDICTION]; SHE CAN ALLEGE, IT WAS DEMANDED AT HER PARENTS HOME, OR WHERE MARRIAGE SOLEMNISED [WEDDING]

Guest (Querist) 18 January 2013
Marriage solemnised at city1 i.e. Her in-laws city.

Devajyoti Barman (Expert) 18 January 2013
If there is jurisdictional error in the FIR you can go for quashing in the high court.

Raj Kumar Makkad (Expert) 18 January 2013
You have mentioned that your wife has mentioned in FIR/complaint that her husband and an unknown person came to city 2 and threatened her or demanded dowry so the city 2 has got jurisdiction.

Guest (Querist) 18 January 2013
Mr. Raj Kumar Makkad ji,

But Husband did not go to city2 her parents city on mentioned day have solid proof.

Guest (Querist) 18 January 2013
Mr. DevaJyoti Barman ji,

In general how much time quashing take in HC?
Can one go for discharge petition on the basis of jurisdiction?

Raj Kumar Makkad (Expert) 18 January 2013
Proof are to be shown to the court when your turn for defence shall come. FIR is lodged on the allegations of the complainant and not on the basis of defence to be put forth by accused persons.

Guest (Querist) 18 January 2013
Thanks Raj Kumar Makkad ji.

Raj Kumar Makkad (Expert) 18 January 2013
Most welcome Mr. Dev.

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