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:
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: