sir, i was working as teacher in a school. one fine day one teacher started misbehaving with me and she bit me several places and then she went to police station and lodged and FIR. She belongs to either SC/ST. I did not went to police as the matter was not so grave. But later on i came to know that she had lodged an FIR and i also lodged defensive FIR. Please guide me as i have received the summon from the court to appear in the court.
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Now i am living with my husband in Delhi and the case in some other place ie Aurangabad, Bihar. Can i get the case transferred in Delhi as i have no relation in that city.
Sir, My husband is in Defence Forces and posted at delhi, while the court case is at aurangabad bihar( i was residing and working there). Sir does any provisions exist that the court transfer the case to delhi area as my husband wont be able to attend the case at aurangabad along with me due to leave constraints at my husband's working place(delhi). Does any special clause for defence services personnel to get transfer the case at duty place? Can i transfer the power of attorney about the case to my husband?
In this scenario you can seek the permission of the court to be represented by the pleader under Section 205 Cr.P.C and it is the discretion of the magistrate to grant you till until required for you to appear in the court.
In this case, as both of you are ladies; transferring may be a problem.
It is better you appear on first date and take steps as suggested above.
Better option would be to settle the case; if possible.
thanks.
In the FIR, you are an accused. Therefore, power of attorney won't work in this situation; or alternatively based on the evidences you may go in for quashing under Sec. 482, Cr.PC; approaching the Patna high court.
In your case, though your husband is a defense personnel, you are not, I assume. Therefore, you would have to refer the defense manual in case any legal facility like the one you mentioned has been providing under the defense act.
If the FIR is false then invoke the jurisdiction of High Court for getting the FIR quashed in accordance with the law.
