Can court direct police to transfer fir

B Singh (Querist) 17 August 2012 This query is : Resolved
police submitted cancellation report of FIR on grounds of territorial jurisdiction. But can court direct the police to transfer the FIR and not to cancel the same

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Adv.R.P.Chugh (Expert) 17 August 2012
Police cannot submit cancellation report on the ground of lack of jurisdiction, closure/cancellation/final report is submitted only when no offence is made out, for a technical reason such as lack of territorial the court would not and should not accept closure, rather direct the transfer of investigation to police sation of competent jurisdiction.

Devajyoti Barman (Expert) 17 August 2012
The Police on the ground of lack of territorial jurisdiction can either apply the court for transfer of FIR or submit report u/s 173 crpc on technical ground og lack of jurisdiction.

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