Jurisdiction for filing 498a
Mihir Kumar Maitra
(Querist) 01 April 2014
This query is : Resolved
Dear Sir,
I (age 66 years) live in Dwarka, New Delhi with my wife in my own flat. My son lives in NOIDA with his wife in a rented accommodation with their permanent address as shown ours (Dwarka). I am fearing that my son's Father in Law is toying with the idea of filing a 498a with other DV charges against us in Asansol, West Bengal. My question is can he file charges in Asansol when we all are living in Delhi and if so can the case be transferred to Delhi.
Kindly give your advice on what preventive measures we can take and please keep this confidential.
I remain
Mihir Kumar Maitra
P. Venu
(Expert) 02 April 2014
In the ordinary course, the place of inquiry and trial is the place where the offence was committed.
There are exceptions, but do not apply to the facts as stated.
Devajyoti Barman
(Expert) 02 April 2014
Though place of offence is Delhi only, they for their own convenience may state ant allegation of tortures to have occurred in Asansol only and get the case initiated form there.
It is a very standard practice for 498A cases in WB especially in Burdwan district which is among the top of 498A cases filing places in whole of India.
Mihir Kumar Maitra
(Querist) 02 April 2014
Dear Sir,
Thanks for your quick response. Another associated question is if we the accused are willing a spend a year in Jail (maximum punishment) then do we come out clean. Is the matter over and settled. What are the stakes and losses the girl's side are likely to entail. What are the possible precautions we take so that the case is not accepted by the court at Burdwan (outstation).
Mihir
V R SHROFF
(Expert) 02 April 2014
All family members can be registered as ACCUSED. so all can be jailed for initial period of fewd days, by the time you allcan be released on Bail.
Thereafter ratio of 98% aquttal apply, so most probably no punishment [ Except in case of death of wife]
Rajendra K Goyal
(Expert) 02 April 2014
Agree with the experts. Case can be filed in WB if her maternal place is in WB.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 April 2014
Expert Venu is right , no case can be filed at least for 498a. It has to be at the place of crime without exceptions.
If filed elsewhere first file objection for jurisdiction and it will have to be upheld
For DV cases and maintenance cases the temporary residence of the complainant is jurisdiction but here also any accused can take many technical objections.
.
If the accused is ready to go in jail well it will be very harsh but than it will be test for section three of Dowry act and you can put all your tormentors in jail and heavy fines.
However be ready with credible evidence that your side did not receive any dowry .
But all told the criminal cases are long time harassment to both sides.
Devajyoti Barman
(Expert) 02 April 2014
I find no reason why you should at all go through the sentence when you can get anticipatory bail to evade arrest at the first place and then come out acquitted.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 April 2014
498 a has become weapon for black mail and even after many citations of APEX COURT the lower court blindly refuse AB or police illegally arrest.
If few people get courage like these persons that not to fear for arrest than you can easily send all your tormentors to jail and other such complainants will think twice before filling complaints.
T. Kalaiselvan, Advocate
(Expert) 02 April 2014
I agree with the experts that the girl side who has decided to trouble and torture the boy side, may initiate a legal proceeding under the provisions of prevailing women biased criminal laws against them, though you may come out with clean chit but the damage done is irrevocable. Thus, always be alert about he father's activities in this regard so that you can be prepared to face the event and not caught unaware.
Mihir Kumar Maitra
(Querist) 03 April 2014
Heart felt thanks to the experts. I ask one final one. In the event of a 498a+ case filed in WB, what are the likely scenario? We receive a summon and if we go there (WB), we get arrested and then apply for Bail (in the same court). If we do not respond to the summon then Police comes from WB to Delhi to arrest us and in the meantime we apply for anticipatory Bail here at Delhi to avoid arrest right? In the mean time what happens to the girl. How do we send her home.
Mihir
Devajyoti Barman
(Expert) 03 April 2014
You need not to first court arrest and then apply for bail.
Once FIR is registered you can apply for anticipatory bail straightway.
No need to wait for any summons from court or police.
You may come to know about filing of 498A case if you engage an advocate.
Devajyoti Barman
(Expert) 03 April 2014
You need not to first court arrest and then apply for bail.
Once FIR is registered you can apply for anticipatory bail straightway.
No need to wait for any summons from court or police.
You may come to know about filing of 498A case if you engage an advocate.
Biswanath Roy
(Expert) 05 April 2014
At the outset I say that jurisdiction of an offence u/s.498A WILL BE WHERE THE HARASSMENT AND CRUELTY OCCURS OR WHERE THE VICTIM RESIDES AT THE TIME OF COMPLAINT. As and when you will get information about the case you may go to Session Court for Anticipatory Bail.
Mihir Kumar Maitra
(Querist) 06 April 2014
Dear Sirs,One final question:
If I fear that the 498a complain/FIR would be made in a sub-division/district within the jurisdiction of the Session Court, Can I apply for the Anticipatory Bail in the State High Court straight away bye-passing the Session Court?
ajay sethi
(Expert) 06 April 2014
it is better to file for AB in session court if it is rejected you can always move HC
Devajyoti Barman
(Expert) 06 April 2014
Yes, you can file in High Court straightway.
Biswanath Roy
(Expert) 06 April 2014
If the application for AB is rejected in the High Court then the alleged accused shall be arrested whereas, if the accused goes to Sessions Court first and the application is rejected then the accused can get a second chance to pray for AB in the High COURT.
Mihir Kumar Maitra
(Querist) 26 April 2014
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