Can a case u/s 498A IPC of cruelty be directly filed at the High Court

929 votes

Dear, you can't file this case directly in high court, first you have to make a complaint to the police and if the police is not taking necessary action then you can move to high court for issuance of directions to the police.

Advocate J.C. Kaushal LawRato

900 votes

No for every offence there is jurisdiction prescribed and the offence under this section is triable by judicial magistrate ist class as such this case can't be filled in the hon,BL high court. The case can be filled in the court of JMIC or with the police. In case police don't take any action then obviously you can go to high court

Advocate Kanwarjit Singh Pruthi LawRato

703 votes

Very less chances if you directly go to high court for registration of FIR u/s 498 .....first you approach Magistrate court for direction to police for registration of FIR u/s 156(3) CrPc.... Or file Private complaint

Advocate Manish Modi LawRato

839 votes

Dear questioner, first of all its not a civil matter that anybody can file it on a court of law.
In such matters FIR get registered then comes inquiry and then it comes to the court
Nowadays even registering FIR u/s498-A is not so easy as the honourable Supreme Court's
direction that a committee would see that allegations are true or not ,only then a complaint can get registered.
So whosoever told you this, is completely false story.

Advocate Nidhi Sharma LawRato