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Abhishek   15 September 2022

Remedy before trial court issuing summons to accused without jurisdiction

If a criminal trial court( magistrate) issues summon without territorial jurisdiction (no offence was committed within the territorial jurisdiction of that given criminal court is evident from police report/chargesheet)

1. What is the remedy and under what provision of Cr.P.C can an application be made to Magistrate to say that he/she has no jurisdiction for trial? I am not seeking remedy before High Court(482 etc) but asking for remedy available before the trial court?

2. If the trial court concludes that it does not have the territorial jurisdiction to conduct trial can the magistrate quash or return compliant(FIR,Chargesheet) . Does trial court have that power if so under what provision of Cr.P.C. Note the trial is to start based on FIR followed by police investigation

 



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