Where 498a fir is to be filled ?
prince
(Querist) 26 December 2011
This query is : Resolved
Sir, please tell,
According to law, which police station has the authority to file 498a FIR ?
Wife's
or
Husband's
What to do if wife's PS register 498a FIR ?
Shonee Kapoor
(Expert) 26 December 2011
The Police Station in whose jurisdiction the alleged crime took place.
If part of crime took place in both the places, both PS has the jurisdiction to investigate the crime.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 26 December 2011
RIGHTLY ADVISED BY MR.Shonee Kapoor
prince
(Querist) 26 December 2011
How does crime of asking dowry and beating took place at wife's home ?
Please clarify ....
Sudhir Kumar, Advocate
(Expert) 26 December 2011
dowry is demanded at place "X" and communicated to the complaintant at "Y" and at "Z" to different family member. A victim of beating can be abandone at place "Y" after beating at "X". Nothing further can be elaborate in a vague query
Nadeem Qureshi
(Expert) 26 December 2011
Dear Prince
in which jurisdiction the cause of action arise, that police station have jurisdiction to Registered FIR u/s 498A, IPC
Arvind Singh Chauhan
(Expert) 26 December 2011
FIR can be lodged at any police station but it would be transferred to jurisdiction of that police station under which jurisdiction the offence took place.
Devajyoti Barman
(Expert) 26 December 2011
Where any of the incidents alleged has been committed which may well include both these places.
Moreover after the recent Supreme Court decision such cases are very much maintainable in the parental home of the wife.
Sanjeev
(Expert) 26 December 2011
At the time of lodging the FIR a mere statement given by wife or her family that you came to thier place and demanded dowry would solve the jurisdiction issue. Normally there are some instances of dowry or cruelty are included in the statements to enable jurisdiction at wifes place.
No evidences are required for registering FIR mere statements or Affidavit by complainants will suffice.
Deepak Nair
(Expert) 27 December 2011
Agree with experts
Sailesh Kumar Shah
(Expert) 27 December 2011
Dear Mr.Arvind
can you explain more? I wish to know.
Thanks
with Regards,
A. A. JOSE
(Expert) 27 December 2011
I agree with above views.
Dr J C Vashista
(Expert) 29 December 2011
Since the occurance has been reported/FIR lodged only at the complaint of WIFE and not vice-versa therefore, jurisdiction of PS shall be at her place.
