Vijay (law student) 07 March 2013

Quash petition u/s. 482 cr. p c

Dear All,

A friends wife has filed a complaint before the womens cell at Delhi U/s. 498a and 406 of the IPC and subsquently a FIR has been filed by the police.

Recently a Quash Petition was moved before the High Court of Delhi U/s. 482 Cr. PC mainly on the grounds of jurisdisdiction as the alleged offences was committed in Chennai and the Delhi Police had no jursdiction to investigate. The High court of Delhi disallowd the petition with an observation to approach the Court upon filing of the Charge Sheet and further held that police investigations cannot be stopped.

Is the observations of the High Court of Delhi justified? If not it would be of immense help if I can get relevant Judgements or citations to combact the stituation.

Regards.

Vijay.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 March 2013

sec 406 gives the power to Supreme court to transfer cases and appeals. The section contemplates transfer of cases but not transfer of investigation from one police-station to another.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 March 2013

Dear Vijay What are the contents of FIR may be cause of action arise in Delhi or may be the complainant mentioned in her complaint that they threaten to her or her family members and demanding dowry in Delhi? lots of the situation can be mentioned in FIR so without FIR I am unable to give you my best opinion.

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jitendra yadav (ADVOCATE) 07 March 2013

Sir,

there are several factors on which jurisdiction of the court can be decided and therefore after observing these factors high court disallowed the writ petition. don't lose your confident, try to find solutions. you will definately get strong point.

s muthukrishnan (Litcation ) 07 March 2013

406 Cr pc also supreme court order XXXVI Rule 1-4, transfer to any High court Not ivestication to police station , also apply to Terrorist Affected areas(Special Court) Act,1984 U/S 11