Ambycabin 10 August 2016

Can H'ble HC grant stay on illegal proceedings

My wife have made false complaint against me and my family at CAW Cell. All allegations made are under criminal codes of IPC 498a,504,506etc My question is : 1. Can HC grant stay to this illegal proceedings as they are not following Juridisction? 2. Does the "place of offence" rule for juridisction applies to these sections as well? (498,504,506 etc) 3.Can Hc grants exemption to the appearance of my sick and old parents who are deliberately dragged into the matter? 4. Can police have its own descretion of not taking FIR?

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 August 2016

As far as jurisdiction is concerned, dont bank too much on it as 498A has been held to be a continuing offence in many cases and the same can be stated to be co stituted at a place even where the wife states that one single solitary incident took place.

The police can decide to file a closiutre report if it feels that the offence is not made out. But then the court shall issue notice to the complainant and permit her to file a protest petition against the said closure report. Plus closure reports are usually not accepted by magistrates unless the offence is absolutely on the face of it not made out.

But yes you may seek exemption on behalf of your aged parents as that is surely a consideration which shall be taken by the court. I can provide you judgements for the same as and when required. Let me know on PM if you need them subsequently.

Augustine Chatterjee

Advocate & Solicitor at Law

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