Legal Question in Criminal Law in India
in cyber crime if the crime has been committed in delhi and the FIR is lodged in kolkata can the quashing application be filed in kolkata on the basis of jurisdiction. in case i apply for a transfer petition then will i not be inviting the proceedings to take place against me in delhi. is it not better to get the FIR quashed.
6 Answers from Attorneys
Apply for quashing and I suggest to contest on merit in trial court and donot go for transfer
Quashing would be done in Kolkatta High Court u/s 482 of CRPC.
in case you get the case transferred to delhi, it would be all the more difficult for the informant to visit delhi. moreover, you may apply for quashing in Delhi High Court and filing a petition at the different location in order to harass accused, is also a good ground.
go for quashing the case.
One need to see FIR to find out.
At initial stages of investigation, allegations or contentions made in FIR are to be taken at its face value.
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