Fate of firs registered without establishing the jurisdiction of police station
raj ojha
(Querist) 24 November 2014
This query is : Resolved
Dear Concern,
A raid was conducted by Economic Offences wing of state police at house of a retired govt. employee. under PC Act.
The matter was defended by accused in State High Court, after much deliberations the Court put a question before the prosecution as below:
"Whether registering the case without establishing the police station was valid and if not then what shall be the fate of such FIRs"
Please quote relevant judgements in the matter.
Please give your legal view on the query made by Hon'ble Court.
Regds
Devajyoti Barman
(Expert) 24 November 2014
The complaint can be lodged at any police station irrespective of the fact whether such offence such has occurred here or not.
For jurisdictional error , if any, the case is not dismissed. The HIC at the most can transfer the case to the appropriate place where it should have been tried or investigated.
Devajyoti Barman
(Expert) 24 November 2014
The complaint can be lodged at any police station irrespective of the fact whether such offence such has occurred here or not.
For jurisdictional error , if any, the case is not dismissed. The HIC at the most can transfer the case to the appropriate place where it should have been tried or investigated.
ajay sethi
(Expert) 25 November 2014
agree with Mr barman
R.K Nanda
(Expert) 25 November 2014
no more to add.
T. Kalaiselvan, Advocate
(Expert) 27 November 2014
The case laws are not furnished here. The high court, as rightly observed by expert Mr.Barman, may not dismiss the case but may refer to the proper jurisdiction for further action.
