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Raman (student)     07 June 2012

Territorial jurisdiction for arrest u/s 498-a

Dear Sir,
My cousin is permanent residence of delhi and marraige was soleminised in Delhi and the matrimonial home is located is in Delhi.The girl belong to Dist at Haryana .After few years of marriage she left the matrimonial home and joined her paents.She later file FIR aginst my cousin and his family.Till now nothing has happened

My queries are:
1 Since cause of action has arosen in Delhi,alleged dowry harssment by wife is also in Delhi.Whether harayana Police can arrest my cousin on the basis of her allegations?

2 Since Haryana Police has no territorial jurisdiction to arrest or Investigate the matter outside his state, whether the police can compel the accused/My cousin to appear before them? Whether its advisable to appear before the P.S of Hrayana?

3 Whether one can go directly to Punjab & Haryana High Court for quashing or Transfer the FIR as the cause of action has not been taken place in Haryana?
Please advise



Learning

 2 Replies

cm jain sir (ccc)     07 June 2012

Take Anticipatory bai from the court. Till then never visit police station.

Raj Vikram Singh (Software Engg)     07 June 2012

 

Please see my replies below-

 

1 Since cause of action has arosen in Delhi,alleged dowry harssment by wife is also in Delhi.Whether harayana Police can arrest my cousin on the basis of her allegations?

 

Raj-Wife has liberty to file case at her current address also.


2 Since Haryana Police has no territorial jurisdiction to arrest or Investigate the matter outside his state, whether the police can compel the accused/My cousin to appear before them? Whether its advisable to appear before the P.S of Hrayana?

 

Raj-It should go to CAW cell and let request letter come and then take this decesion. 


3 Whether one can go directly to Punjab & Haryana High Court for quashing or Transfer the FIR as the cause of action has not been taken place in Haryana?
Please advise

 

Raj-If FIR is not registered yet.How can you think of quashing etc.  

 

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