Food & drugs
CA Ayush Agrawal
(Querist) 13 March 2013
This query is : Resolved
one case is filed by food & drug inspector upon small shopkeeper.
its almost 4 years has been completed, he is going to hearing regularly and just doing sign and coming.
now, since shopkeeper age is of retirement, shopkeeper shupdown his business and planning to relocate to city where his son is employed.
now can he relocate and whenever hearing will be there, he have to come or what?
since its too far, every time he have to come ?
what shopekeeper can do in this regard.?
many have said that it will take 10-15 years to settle ur case, so in old age how he will manage everytime to come ?
any provision in this regard in our indian law ?
Advocate M.Bhadra
(Expert) 13 March 2013
The Code of Criminal Procedure, 1973 (CrPc)
177. Ordinary place of inquiry and trial.
Every offence shall ordinary be inquired into and tried by a court within whose local jurisdiction it was committed.
The Code of Criminal Procedure, 1973 (CrPc)
205. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of' the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner herein before provided.
CA Ayush Agrawal
(Querist) 13 March 2013
Sir,
It Means If We Request to Magistrate then Case Can Transfer from Mumbai to Delhi.
Since Case was in Mumbai and Now Relocating to Delhi.
Devajyoti Barman
(Expert) 13 March 2013
The Magistrate has no power to transfer a case from one state to another.
ajay sethi
(Expert) 13 March 2013
case cannot be transferred from MUmbai to delhi by magistrate
Raj Kumar Makkad
(Expert) 13 March 2013
Nothing to add in the given wise replies of the experts.
prabhakar singh
(Expert) 13 March 2013
Mr. Minansu Bhadra has told you with quote of the provision,the best he can legally do by seeking exemption from his personal appearance goes unnoticed by you.Other ways are tricky.
CA Ayush Agrawal
(Querist) 14 March 2013
Ok,Thanks Sir.
I Misinterpreted, Now Its Clear.
