498a

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Hi All

My wife filed a false dowry case against me in her native place where marriage took place.While investigation IO has transferred to case to x place where we were staying.IO took SP & Local court approval also.Now Opponent has filed a case in high court to transfer back the case to her native place creating that most of the evidences are from native place and her parent are older age.Now how can i fight against this.Pls send any supreme citation related to this and now she has enrolled to BE in some other place.

Follow Query

Report Abuse

Rajeev Kumar (Expert) 06 December 2011
As per as the rule the case must be filed where the incidence has taken place. So the transfer of case from her native place to your place is right procedure. If the case is not transfered to your place then go for quashing of case u/s 482 of cr.pc on jurisdictional matter

Devajyoti Barman (Expert) 06 December 2011
You have produce evidences than the citation to win this case in your favour.

Shonee Kapoor (Expert) 06 December 2011
Agreed with experts. IO transferred the case because of the jurisdiction issue only.

There are few citations from SC, that criminal cases should not be transferred. Use them to your benefit.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 07 December 2011
I do agree with shonee.

Guest (Expert) 07 December 2011
I agree with Shri Shonee.

prabhakar singh (Expert) 07 December 2011
Every experts seems right to the extent of his advice here.

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 December 2011
Every wrong has a remedy is the basic concept of jurisprudence.If go deep in ocean you can find pearls.

Section 191 gives the right to the accused for transfer even without reasons read with section 322 of CRPC.

SC in recent judgement on 3rd May 2010 variar vs share shoppe has ruled that jurisdiction issue by ACCUSED should be raised at lower court and given procedure what to do further.

Sailesh Kumar Shah (Expert) 07 December 2011
But citation is still missing in answer, as told Mr.Shonee, they have citation, should provide to author.

Raj Kumar Makkad (Expert) 09 December 2011
Yes. Citation is still awaited.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries