Re: [IAC#RG] Advice on a CAW matter of Delhi Police

Dear Naveen

It is not clear from your cited example if you are referring to a civil "case" or a criminal one.

While replying to Lalit I had confined myself to the facts he presented us.

The law of India is fairly clear that whereas civil disputes can be initiated at several places (at the convenience of the initiating party) the criminal cases must be initiated at the place where the offence (cause of action) took place (and the convenience of the parties is not germane to it).

"Bhura Ram v. State of Rajasthan"

Criminal Appeal No. 587 of 2008, decided on April 2, 2008 NON-REPORTABLE

[arising out of Special Leave Petition (Crl.) No. 79 of 2006) The judgement of the Court was delivered by P.P. Naolekar, J.

In fact registering a 498A FIR at the wrong thana will immediately be pounced upon by the OP to delay matters using 482 CrPC etc (see Geeta Mehrotra versus State of UP) and would prejudice the complainant in the long run.

In the instant case the SHO (East Derlhi) has refused to register and investigate the complaint of offences which took place in a South Delhi thana. Section 156 CrPC squarely deals with this and SHO is within his rights to refuse it and to direct the informant to the ilaqa magistrate. The converse is also true that if an SHO does WRONGLY (ie. corruptly) register a FIR without jurisdiction it cannot be interfered with and the hapless husband and his family are harassed by the girl's side to attend to distant thanas.

As an anti-corruption body, the IAC must strongly deprecate such corrupt practices (which you seem to be advocating) indulged in  by some rotten apples in legal profession operating in cahoots with investigative agencies..

PS: The case would be different if the Ilaqa Magistrate at East Delhi found that the local Police had territorial jurisdiction, in which case section 177-179 CrPC would come into play. (Sunita Kumari Kashyap versus State of Bihar, 2011)
http://www.indiankanoon.org/doc/1372844/
 
Sarbajit

On Fri, Apr 19, 2013 at 3:59 PM, naveen tewari <nct.lko@gmail.com> wrote:

Dear Mr. Lalit Mohan Sharma,

I have my reservations about the advise given by everybody else. I think If the girl is residing in East Delhi the jurisdiction would 

be under East Delhi. I know of a case where the boys home is in Bombay, marriage took place in Delhi, the couple changed residence

many times because the boy was working in a multinational firm, the girl ran away due to violent behaviour from her last residence 

at Rotterdam and the case has been registered in Lucknow which is the present address of the Girl. 

I think you should consult a competent lawyer on this. It is a serious matter and should be dealt with in a proper manner.

regards

naveen tewari

On Sun, Apr 14, 2013 at 7:16 PM, Vijoy Ambasta <vijoy.ambasta@gmail.com> wrote:

How much of our precious time we spend on such matters.The investigation f a crime is the job of the police and unless the police reforms are not brought about as advised by the SC, we will continue to get poor policing and police protection. Whatever the citizens do  should lead to the role of the Delhi police doing its job and not the  PS of this area or that area.Once the police get into this, they are shirking from their responsibility..

On Sun, Apr 14, 2013 at 1:36 PM, Rajiv Patel <rpatel.fffie@gmail.com> wrote:

I agree. Some important references to back it up are attached.

Mr.Lalit Mohan Sharma,

In addition to sec.406, 498A explore whether there is a case for cheating as well.

On Sat, Apr 13, 2013 at 5:36 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

The Police case should be registered in South Delhi. The Civil cases can be instituted in Karkadooma Court (East Delhi). Your cause of action for East Delhi is not strong as for South Delhi where the 498A took place.

Look at it from the investigative agencies point of view. How will East Delhi Police properly investigate something which took place in South Delhi.

Sarbajit

On Fri, Apr 12, 2013 at 2:29 AM, Lalit Mohan Sharma <lmsdelhi@yahoo.com> wrote:

 Dear Friends

Kindly provide me the advice on a matter related to CAW (Crime Against Women) cell of Delhi Police:-

 

A girl (resident of Ghaziabad, UP at the time of her marriage in 2010) is married to a boy based in South Delhi in 2010. Later it was found that Boy was already married. So the girl left her in-laws place and due to family and social problems started living with her cousins/maternal Aunty in East Delhi instead of her parental home in Ghaziabad. And he is living in East Delhi for last about 2 years now. 

On this basis, she gave a complaint (u/s 406, 498A)  to Delhi Police CAW Cell in East Delhi, but the boy and his family managed to convince / persuade police of East Delhi that she (the Girl) is not resident of East Delhi (by whatever wrong means) and got the case/complaint transferred to South Delhi (where the Boy's family is residing), only to benefit the boy and his family as they are living and also running their Hotel business in South Delhi.

In the meantime time Girl has got affidavit from court  and also got Election Commission's Voter ID Card to prove her residence in East Delhi and they are placed on record in the complaint file.

Now I want to know that:-

1.       Wheather the case  of 406/ 498A in this situation be registered at the girl's present  place of residence in East Delhi merely on ground of her staying here and not in Ghaziabad /or South Delhi?

2.       East Delhi Police says there is no cause of action in East Delhi, We say that the girl asked for refund of  her Istri- Dhan (Gifts given to girl at the time of marriage) while staying in East Delhi and her in-laws refused her request. We say that this is cause of action for police to register the case in East Delhi. But police is not accepting this.

 

Kindly provide any sections  of IPC /CrPC or any High Court/ Supreme Court orders / directions in this regard which can be helpful to the girl & her family and put before Delhi Police senior officers at PHQ for getting the case registered in East Delhi Police/Courts jurisdiction.

 

Thanks

      

   JAI HIND   

 Lalit Mohan Sharma 

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