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rajesh yadav (asst manager)     02 January 2012

Transfer criminal and 498a case

Sir,

I am from punjab, my wife had got FIR lodged under sec 156(3) for false 498a,504,506,323,392,406,3/4, in her state UP. we got final bail but chargesheet is yet to be submitted. In their complaint they hv mentioned that previously all the dowry demands n threats n false MLC hv been done at punjab n again we came to their home town on a particular date n again demanded dowry n given threats to them so they had lodged complaint there.

Now after getting bail can I apply for transfer of this criminal case to punjab as everything they hv mentioned happened at punjab except one particular false instant that they mentioned that we came there in UP. They are having no proof of that for that day.

Pl. suggest. 



Learning

 15 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 January 2012

Dear Querist,

 

For a limited purpose you may ask for transfer a pending criminal case from a court in on e State to that of another State. In your case, it appears that chargesheet has not been filed. If that be so, you may ask for trasnfer by filing Transfer Petition in the Supreme Court citing your inconvenience to attend court proceedings UP and corresponding interest of justice. You may also submit in the Petition that you are ready and wiling to deposit her travelling etc. expenses for attending the case in Punjab upon transfer.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

1 Like

Kiran Kumar (Lawyer)     02 January 2012

rightly adviced by the Ld. Lawyer above....the transfer petition is maintainable before Supreme Court only.

 

otherwise, also the kind of allegations levelled against you or the sections imposed upon you do not provide any jurisdiction to UP Courts.

1 Like

Sanjeev (Lawyer)     02 January 2012

The particular false incident that you are talking about that happened in UP is purposely added to make the case fit for UP jurisdiction. This is always a planned move made as per suggestion by police and their advocate.to create jurisdiction of UP. 

 

You wont be able to succeed in proving this incident false and thereby there is no use in trying transfer as it wont succeed. It is just a wastage of time and money.

1 Like

cm jain sir (ccc)     02 January 2012

@Sanjeev

If transfer wont succeed then whether quash is possible based on jurisdiction ground.

1 Like

Sanjeev (Lawyer)     02 January 2012

Courts do not Quash cases like this- unless primae facie there are any such exceptional facts which are never normally there in any case generally.

Trial cannot be avoided case can be quashed basis a compromise between the husband and wife

1 Like

rajesh yadav (asst manager)     02 January 2012

Experts,

Thanks for your responses. pl. advice whether is there any sec201 Crpc for appeal for transfer and cant I appeal in lower court at UP itself as the case is still under CJM. 

1 Like

rajesh yadav (asst manager)     02 January 2012

Experts,

Thanks for your responses. pl. advice whether is there any sec201 Crpc for appeal for transfer and cant I appeal in lower court at UP itself as the case is still under CJM. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2012

Dear rajesh

When your wife show the last occurance in UP then the UP courts have the jurisdiction.

secondly if you want to transfer the case one state to another then you can file an Transfer petition before SC, but SC is also in favour of women and rearly transfer the case on husband's application/petition. section 201 is not applicable in your case. fight the case & get justice if you are right. if the cases are in Ghaziabad or Noida you can call me

feel free to call

1 Like

mycent (X)     05 January 2012

Dear Rajesh,

Transfer of civil case is one thing & transfer of criminal case is another thing. In civil cases, SC was lenient in transfering cases to wife's preferable place, but off late even SC has been strict in such cases (refer SC: TP (civil)117-118 of 2005). 

Coming back to Criminal case transfer, this is decided purely on merit (irrespective of husband/wife being the petitioner) where jurisdiction is a very important ground. Considering the details you have provided, UP seems to hold the jurisdiction to try 498a case, hence there is v leass chance of your case getting transferred.

I m not a lawyer, I am a victim of 498a case like you & what I have shared is based on my learnings & experience. You may well consider these points & discuss your case with your lawyer.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 January 2012

realsistic advise by mycent.

please do not do the mistke of going directly to sc since once dismissed it will effect your case and will have no remedies.

you can also raise this issue in local court and than revision like that you can go on and on till you exhaust the other side.

1 Like

Shantanu Wavhal (Worker)     06 January 2012

transfer will be governed by cpc 25. u have to apply to SC. case will be transferred as per jurisdiction & merits and not w.r.t. convenience of the applicant. further, i agree with JSDN.

Rahul Agarwal (co)     12 May 2012

Dear All,

How much time spend in this type of applicstion normally  i.e. how much time taken SC for given desicon on transfer application & how much cost for this application.

further i want to know when i apply for transfer all court proceeding will be stay or not please reply urgently

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     12 May 2012

Dear Querist,

 

For time to be spent for SC to adjudicate transfer petition would largely depend on many external factors. Geberally for TP (Crl.), its approximately 6 to 18 months. As regards cost involved, its variable. It may cost you approximately Rs. 30-35k. If notice is issued in the TP (Crl.), ordinarily Sr=tay is granted depnding upon facts of case.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India New Delhi

Sudhir Kumar, Advocate (Advocate)     26 March 2013

agreed with Mr Majumdar, I would add that you have yourself stated that one instance is alleged to have taken place in UP.  So the continuity of offence is made out and there is jurisdiction of UP.


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