Angel_again (BOM) 02 April 2011

FIR not being done

Can Kolkata police refuse to proceed with FIR in 498a case if the couple has been residing in Mumbai but the marriage happened in Kolkata and the girl also moved back to kolkata ?

in a recent case after 4 months of to and fro visits the acp refused to file or asked to hold the case giving reason that jurisdiction does not fall in Kolkata court since the torture happened in Mumbai.....

I wonder why they even took the complaint at first place also the marriage has taken plan in kolkata....

please advise and suggest....

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 April 2011

Wdhere the offence is committed their you will have to file a complaint because that is the jurisdiction.

Arvind Singh Chauhan (advocate) 02 April 2011

Police can't refuse to lodge FIR. FIR should be registered and must be transfered to concerned police station having jurisdiction. These are clear cut directions of apex court.

Vikas Nagwan (Legal Consultant) 02 April 2011

yes, section 154(1) is clear on this matter, a police officer cannot refuse to lodge an FIR.. all he can do in such cases is lodge the FIR and then transfer it to concerned police station.... If you want to file a complaint then you will have to file it to the area magistrate where the offence was committed.

Kolkata court will have jurisdiction in a civil suit only...

Adv.Shailesh (Advocate) 03 April 2011

but the girl is in calcutta, therefore she can lodge FIR in calcutta. that is not matter where the offence committed, the jurisdiction is where the victim is currently residing...

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Angel_again (BOM) 08 April 2011

This is very confusing since no clear cut direction is given. Even the DCP is refusing to lodge the FIR and saying you can proceed thgh the court.

I wonder in the name of false 498a's even the genuine cases dont get proper justice :(

1 Like

Roshni B.. (For justice and dignity) 08 April 2011

dats the biggest problem.

because of false 498A cases,in genuine DV Act or 498A cases also,parents and their daughters are looked upon with suspicion,and harassed wherever possible.