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Anonymous Again (Anonymous)     27 January 2014

Jurisdiction in 498a sec 34

Dear Members,

 

My brother's wife had filed a CrPC 125 in her hometown (different state) around six months back. That case is currently going on. She had also filed false 498a (along with FIR) in her hometown which we were not aware of. When my brother went for the 125 hearing, he was arrested by the police and was bailed out 2 days later.

Can I please request the members to clarify on the following:

1) Since the FIR clearly mentions her in-laws address (different than her hometown), can this impact the case? Does jurisdiction play any role in this?

2) If the answer to point #1 is yes, how do we go about it ? Can we get the case transferred to our hometown?

3) Also, we believe the FIR was registered a few months back, but the police was waiting for my brother to go there and arrested him. Is this procedure wise correct? 

4) Is there any way to quash the FIR or chargesheet? Also, does it have any impact on my overseas travel for my brother? There is no lookout notice as such etc.

 

Thanks in advance for all your help.

 

Regards,



Learning

 3 Replies

dv (ghvhb)     27 January 2014

Go for quash based on jurisdiction as well as you can file a mandamus writ against the police consult a lawyer Also file rti to the concerned io asking him about jurisdiction

Shantanu Wavhal (Worker)     28 January 2014

read the judgements

if there are no allegations, file application in trial court itself instead of going for quashing:

 


Attached File : 785435146 498a jurisdiction.pdf downloaded: 153 times

Anonymous Again (Anonymous)     28 January 2014

Thank you for the replies experts. Can I please request clarity on the travel aspect raised in point # 4 above?

 

Thanks again.


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