Jurisdiction point
PAVAN KUMAR AKA
(Querist) 11 June 2016
This query is : Resolved
In Andhra Pradesh more particulars some special courts have been established a long back to try special offences in Metropolitan Area and in non-metropolitan areas, the empowered Courts have been dealing with the cases. But as per the recent Government Orders, the same offences which were being tried by special courts so established in metropolitan area were ordered to be tried by some other newly established special courts including the cases of metropolitan areas.
NOW THE QUESTION IS WHETHER THE G.O. IS VALID OR NOT - AS THE SPECIAL COURT IS METROPOLITAN AREA IS TRYING THE OFFENCES, CAN THE CASES OF THESE METROPOLITAN AREA BE TRANSFERRED TO NON-METROPOLITAN AREA COURT, WHICH IS DESIGNATED AS A SPECIAL COURT FOR THE SAME SAID OFFENCES.
P. Venu
(Expert) 12 June 2016
Please post your specific problem, if any.
Dr J C Vashista
(Expert) 13 June 2016
1. No two courts (same level) can have jurisdiction on same issue to be tried in different courts except without demarcation, differentiation or separation Go through the government order again and again minutely.
2. What is the specific issue in your query? It is vague, frivolous and baseless.
3. Are you aggrieved by creating any such Special Court? If so, challenge in High Court under Article 226 or Supreme Court under Article 32 of the Constitution of India by filing a writ of mandamus/ certiorari or a PIL, as you find appropriate.
Rajendra K Goyal
(Expert) 13 June 2016
Academic query, state material facts of the problem if any.
PAVAN KUMAR AKA
(Querist) 13 June 2016
In fact there were two Sessions Judge Courts in Coastal AP at Vijayawada and Visakhapatnam to try the offences of attrocities against women as specially established Courts. But in the month of April or so, the Government of AP designated some other Court in the Krishna District located at Machilipatnam which is in non-metropolitan area to try some of offences punishable u/S.354 and 376 IPC and in the said GO, it is clearly mentioned that all the cases including metropolitan area shall be tried by that newly designated Court.
Now my doubt is that whether the cases of a metropolitan area can be tried by a non-metroplitan area court.
P. Venu
(Expert) 13 June 2016
Machilipatnam, not Vijayawada, is the Head Quarters of Krishna District. The GO needs to be studied to offer any definite suggestion.
Dr J C Vashista
(Expert) 14 June 2016
@Pavan Kumar Aka,
Vijaywada, Machilipatnam, Vishakhapatnam and Krishna are all together different districts enjoying jurisdiction within the district, neither of their jurisdiction overlap, you will agree.
Complaint case u/s 354 IPC is magistrate trail whereas cases u/s 376 IPC cannot be tried by Magistrate but Sessions Court.
Where FIR has been lodged u/s 376 IPC there is no chance that the accused shall be tried u/s 354 (A/B/C or D) IPC, which statement is correct?
Read GO again and discuss with a local prudent senior lawyer.
P. Venu
(Expert) 14 June 2016
@Dr J C Vashista,
Both Vijayawada and Machilipatnam are in Krishna District. Latter town, which a historical Port Town is the District HQ while former is the biggest and far developed commercial centre and Railway Junction.
Dr J C Vashista
(Expert) 15 June 2016
@ Mr. P Venu,
Thank you very much for updating my geographical knowledge, that I was totally unaware. Thanks a lot.
Warm regards,
Dr. (Maj) J C Vashista
P. Venu
(Expert) 15 June 2016
@Dr J C Vashista,
You are welcome.
With warm regards
Venu
