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I love my parents (law)     04 May 2013

File a writ (498a) against a police man

 

Dear All Respective members of LCI,

Victim of 498a.Facts are :---

1.My self belongs to place-A .

2.Her temporarely residence place -B.

3.Marriage and all ceremony activity happen at place & her native place -C.

4.My Job is at Place -D.(All above as per FIRper FIR).

But now she filled case(498/406/506) at place -B.Now as per study  "EVERY OFFENCE SHALL ORDINARILY BE INQUIRED INTO AND TRIED BY A POLICE WITHIN WHOSE LOCAL JURISDICTION IT WAS COMMITTED or as per Cr. PC – 177 to 181 investigation on the crime should have happened at the crime place and in presnt case it is Place D or A

 ".Becoz after marriage she residing place are either my native place A or Job place - D.

So on the above facts - i have filled RTI to IO police that how u have filled and why u have not transfered my case on the basis of above section -177.In reply IO "case is in court we can not say anything".

Now i  want to file a petition/writ in court. My questions are:
1. Can we file a writ/petition?
2. What is the process and govt. charges?
3. Do we need to involve a lawyer?
Please sir reply me .
Thanks very much for giving your valuable time in advance. 



Learning

 8 Replies


(Guest)

@Querist,

 

Writ-petition won't work. Abuse of such remedial instrument will fail in all it's diemensions.

 

You are free to try.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Sudhir Kumar, Advocate (Advocate)     04 May 2013

in case of matrimonial opffence the neglected wife resides at place B and she claims to be neglected /abandoned/forced to leave due to dowry demand, so the offcence continues at B as well,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2013

Dear Querist

If you think that according to FIR the place  offence is A and not B then file a quashing petition under article 226 of Constitution of India read with section 482 of Cr.PC and raise the question of Jurisdiction before HC.

Feel Free to Call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2013

Dear Querist

If you think that according to FIR the place  offence is A and not B then file a quashing petition under article 226 of Constitution of India read with section 482 of Cr.PC and raise the question of Jurisdiction before HC.

Feel Free to Call

dr.pawan rajyan (member and secretory)     04 May 2013

you can file for quash at highcourt under crpc. 482 on jurisdiction bases.

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     04 May 2013

1.  file the quash at high court  

2. no problem lawyer can involve

3. the charges are naminal 

ashoksrivastava (scientist)     04 May 2013

At present jurisdiction matters in 498a/406 cases are determined by apex court judgement in Sunitakumari kashyap vs state of bihar case. They might have made a case under crpc178(c) or crpc 179. Pl.ask your lawyer to consider the allegations in light of above mentioned judgement. regards ASHOK

I love my parents (law)     04 May 2013

Current status in case next date in cross of girl.Is this possible to go on quash at this stage.

what are general possibility for quash.What are normal charge in Chandigarh High Court.

Can anybody suggest me any good lawyer in Chandigarh HC Pls


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