Io investigate crime that does not come under his territory
MohanK-700
(Querist) 01 September 2017
This query is : Open
A private complaint has been filed in magistrate court. Magistrate ordered for enquiry and referred to police and IO opened FIR and subsequently filed chargesheet.
In chargesheet he mentioned that accused are staying in area of his jurisdiction where as scene of offence is located in a place which is not in his jurisdiction.
1. My question is this chargesheet valid in the eyes of law to proceed with trial ?
2. Since IO has no authority to investigate crime which does not fall under his jurisdiction he should have referred this case to PS which has jurisdiction which he did not do and can i go for quash of chargesheet citing this reason?
Appreciate any suggestion
Ms.Usha Kapoor
(Expert) 02 September 2017
As you've rightly claimed you can file a Criminal Revision case petition under section 482 of Cr.P.C to quash the legally invalid charge sheet wherein IO filed a charge sheet regarding the FIR in a different police Station-outside his jurisdiction. Or you can also file a Criminal Writ in Highcourt called Writ of certiorari to get the flawed charge sheet quashed filed by IO joining the IO and other police officials and Magistrate as parties to Criminal writ of certiorari.
Sudhir Kumar, Advocate
(Expert) 02 September 2017
Not able to agree or disagree.
Please give facts. Query in the present form is question paper or a riddle.
Rajendra K Goyal
(Expert) 02 September 2017
The point mentioned is a good defense in your favor. Please state clear material facts.
Dr J C Vashista
(Expert) 04 September 2017
Place of occurrence is the jurisdiction of police to investigate the case and Court to summon, try and punish the wrongdoer on being found guilty.
Neither the police nor Court can ignore the issue of jurisdiction. The Court has already (stated to have been) accepted charge-sheet filed by police after investigation implies that there is no legal infirmity qua jurisdiction, which will not stand when it is challenged.
Recheck the facts of case, you have misconception.
MohanK-700
(Querist) 06 September 2017
Unfortunately in the lower courts in most cases in interior areas what ever documents filed by police is accepted at face value and taken in to consideration with out going to merits. Unless some one brings to notice of judge any charge sheet filed by police is by default accepted and taken to cognizance.
