Upgrad LLM

transfer of case from one state to another


My husband has been cheated by any one of the business enemies and they have filed under IPC 376 and IPC 420 that he had raped and cheated a lady. The FIR is lodged in karnataka , but as per the FIR the rape has happened in our villa in tamil nadu. We got bail for him in sessions court in Bangalore and now it is under chargesheet preparation. Can the case be transfered to the crime location in tamil nadu? if they are any constraints in performing this , please let us know ? what is the procedure to perform this? Will his bail be cancelled if the case is transfered to tamil nadu.

 
Reply   
 
Lawyer at Supreme Court of India

Dear, First of all FIR is registered at wrong place .... Go go SC from one state to another ..... Or you can go to the concerned HC for quashing of the FIR .... Kapil Chandna Adv 9899011450
 
Reply   
 



Hi,

 Thank you for the reply. Should the FIR be quashed in the HC of Tamilnadu or karnataka ? Should the FIR quashing be done since it is filed in a wrong location or it is a false rape case. Can you please guide. Police station in karnataka is not telling us whether the FIR will be transfered to Tamil nadu clearly. Few people in the police station is telling that it will transfered to Tamilnadu and few stay it will be executed here only. Main question here is will the bail which has been obtained in Sessions in court in Bangalore will be cancelled if the case is transfered to tamilnadu. Will the process start once again from scratch in Tamilnadu court

 
Reply   
 
Advocate,9444674980

Ms.Bhavani,

Quashing of FIR has to be done in karnataka only.  For transfer of case from karnataka to tamilnadu you have to file petition in supreme court,but you should have compelling reason to do so.

Transfer can be done but it is not impossible. According to me it is better to go quash now as per your version.

 
Reply   
 
CRIMINAL family PROPERTY topfreind@gmail.com

You have to apply in the local court of KARNATAKA that it does not have any jurisdiction to try the case.

 

The court after hearing the PP will direct the STATE  ti withdraw the case and file at proper court.

 

You need not go for quash etc .just follow up at lower court properly.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x