Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rama Krishna   08 May 2022

498A territorial jurisdiction

wife complained under section 498a against husband and his relatives in delhi but police didn't file FIR due to false complaint.
she complained again with same sections in Andhra Pradesh where her parents resides and marriage was performed and her aadhar address also same address. but she lives and works in Delhi.
police filed FIR in andhra taking aadhaar address as Territorial jurisdiction and filed Charge sheet.
But offence occurred in Delhi as per her statement and FIR.
Is there any chance to husband to discharge the case before trail starts?


Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     08 May 2022

Wife has right to lodge FIR/file complaint u/sec 498A of IPc where she resides permanantly, temporarily or casually so Andhra Pradesh police has jurisdiction to register FIR.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 May 2022

no chance only court will decide

Pradipta Nath (Advocate)     09 May 2022

Defend yourself and if possible file a counter case against your wife. Let her also come to Delhi!!

Keertisri Sinduja   10 May 2022

Generally, under S.154 of CrPC, 1973, a First Information Report (FIR) is lodged upon the informant submitting his complaint after coming to the police station. A FIR is registered in the case of a cognizable offence. With the concept of Zero FIR being introduced through the Criminal Law Amendment by the Justice Verma’s Committee after the incident of the Nirbhaya Rape Case, a FIR can be lodged in any police station irrespective of where the offence has been committed. There is no restriction over the lodging of a Zero FIR. A police officer can transfer a Zero FIR to another police station within the jurisdiction where the offence has been committed under S.170 CrPC.  Hence, in the present case, there can be no restriction in filing of the FIR as S.498A of the Indian Penal Code, 1886, as it is a cognizable offence and it can be filed in the territorial jurisdiction of Andhra, even though the offence was committed in Delhi.

The accused cannot be discharged without trial first taking place. In the case of warrant case, the accused can be discharged even when charges against him have not been framed. The discharge of the accused in a warrant case instituted upon a police report is dealt under S.239 of CrPC. Under S.239 CrPC, the Magistrate gives the prosecution and the accused an opportunity of being heard and will discharge the accused if he/she considers the charge against the accused to be groundless after recording sufficient reasons. If based on scrutiny of the documents and the evidence available, the Magistrate is of the opinion that no prima facie case can be made out against the accused, he/she can discharge the accused.

The accused can be discharged under sessions trial if : (i) Sufficient evidence is not produced (ii) No legal grounds exist for proceeding against the accused, (iii) No sanction has been obtained, (iv) Prosecution is clearly barred by limitation, (iv) Prosecution is precluded from proceeding due to prior judgment passed by the High Court.  (S.227 CrPC)

Hence, in the present case, the accused will undergo warrant trial as S.498A offence charge has been framed against him and since it is an offence punishable with 3 years imprisonment. Hence, the accused can be discharged only after trial begins when the judge finds that no prima facie case can be made out against him/her.


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