Sc.st act, 1989
J T Mahavar
(Querist) 12 August 2013
This query is : Resolved
FIR was registered at Nirmal Nagar PS Bandra (E)under the Act. Without appointment of an IO as per law, ACP transferred the FIR to Dehradun without order from senior officer for necessary action. Now investigation at Dehradun has been completed and final report submitted to magistrate-"No offense". Can I raise protest before Magistrate that IO at Dehradun has no jurisdiction to entertain the FIR and he may direct the IO Dehradun to return the FIR to Nirmal Nagar PS Bandra for investigation. OR I have to approach Uttarakhand High Court in Nainital.
ajay sethi
(Expert) 12 August 2013
why was case transferred to dehradun ? has cause of action arisen in dehradun ?
if as per final report no offence has been commited forget about the issue
J T Mahavar
(Querist) 12 August 2013
u/s 156(1) it is mandatory under law to investigate the complaint by PS where the FIR is registered irrespective of place of cause of action. In this case cause of action is multiple places including Mumbai. When the FIR is registered in Mumbai it has to be investigated in Mumbai. Therefore it was not in jurisdiction of Dehradun Police to entertain and investigate the complainant. Now where can I raise this ground of illegality to get the investigation done in Mumbai? Before Lower Court, HC or Apex court?
J T Mahavar
(Querist) 13 August 2013
Thanks. At present the case is with JM Dehradun. If I submit to him that the IO Dehradun Police had no jurisdiction to entertain the complaint and investigate it, what is expected from him? u/s 190 he is expected to deal with the police report and the protest petition when it is submitted to him.
