Justice Dhingra Clarifies Issues Of Jurisdiction In An NRI 498A Case- Jan 2008

Here is another gem from Justice SN Dhingra of the Delhi HC, involving issues of jurisdiction in an NRI 498A case.

This judgment explains the law governing issues of jurisdiction in criminal cases.

The 498A wives or their parents have been filing cases in their home towns and hauling entire families to court in their backyard, where there is a lot of scope for manipulation and harassment. They do this to cause a lot of hardship and people have settled, unable to bear the harassment.

This judgment, will hopefully put an end to this practice by elaborating on the law governing jurisdiction. Womens groups have been trying to change this, so far unsuccessfully.

You can read about their nonsensical arguments and their refutation here:

Jurisdiction is where “she” says it is.

justice Dhingra, has yet again, delivered us from evil !

Here is an excerpt from this judgment:

12. Cr.P.C. specifically provides for the jurisdiction of Police Stations regarding registration of FIR and investigation of case. The FIR can be registered even if a part of the crime has taken place within the jurisdiction of that Police Station. If the crime is spread over the various Police Stations, then FIR can be registered at any of the Police Station within which the crime has taken place. Crime cannot be registered on the basis of residence of the complainant or the residence of the father of the complainant or the effect of the crime. If the murder is committed in Delhi and the effect is that the wife of the deceased living at Mumbai has become widow, the crime cannot be registered at Mumbai Neither if the alleged matrimonial atrocities have been committed in Delhi, the crime can be registered in Patna in respect of those atrocities because the parents of the wife were living in Patna. In the present case, the wife had either lived in Delhi or in USA. She had contested her divorce petition in USA and had made allegations of cruelties done on her in USA. Thus, place of crime was either Delhi or USA and FIR could have been registered either in Delhi or in USA.
11. In view of above discussion the petitions are allowed to the extent that FIR No. 0188/02, P.S. Digha, Patna, Bihar registered against the petitioners in respect of offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act be transferred by the Police of Patna to Commissioner of Police, Delhi, who shall mark it to the appropriate Police Station for further investigation and action. Both the writ petitions stand disposed of.

Here is news coverage in the Indian Express about this judgment: Justice Dhingra On Jurisdiction

Here is the judgment: Justice Dhingra Settles Jurisdiction In NRI 498A – Jan 2008

Here is an earlier post about issues of jurisdiction:

Understanding Issues Of Jurisdiction In A 498A Case

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8 Responses to “Justice Dhingra Clarifies Issues Of Jurisdiction In An NRI 498A Case- Jan 2008”


  1. 1 milind March 13, 2009 at 8:59 am

    My wife had filed a 498A at Alipore court , Kolkata. The chargesheet has been filed.
    My lawyer has appealed to the court to quash the case, siting the reason, that Kolkata was not the cause of action. She never stayed with me in Kolkata.
    So the Alipore court in Kolkata has not got jurisdictional rights to proceed with the 498A. My lawyer has submitted several judgements of Supreme court and High courts (Madras, Delhi etc), showing 498A quashed on grounds of jurisdiction.
    Now the Judge of Alipore court is asking my lawyer to prove that subordinate courts have a legal binding to abide by those judgements of Supreme court, vide article 141 and 142 of consitution of India. The judge is basically asking proofs that supreme court has passed a direction to all its subordinate courts of India, to abide by the judgements it has passed – quashing 498A on grounds of wrong jurisdiction.
    Please help me with such directions from Supreme court. Any help on this will be greatly appreciated.

    Like

  2. 3 hi July 10, 2010 at 6:11 pm

    not only this judge but also the law makers and the leaders in India are idiots, they dont know what to issue, what to amend and what to stop. Everything in India is done for the interest of selfishness for a particular groups based on either sex, religion or politics. Shame on being an Indian under the leadership of idiotic bullshits.

    BEST OF LUCK FOR THE FALSELY IMPLICATED VICTIMS OF 498a.

    REGARDS,

    A WELL WISHER

    Like

  3. 4 surya thapa April 2, 2011 at 10:54 am

    A Law for Black marketier—– Girls, Police and above all the Lawyers who would be left without any job..

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  1. 1 Justice Shiv Narayan Dhingra « 498agladiator Trackback on October 17, 2011 at 6:47 am

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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