Territorial jurisdiction
heena
(Querist) 30 March 2014
This query is : Resolved
Fact of the case an Fir is registered u/s 385,506 of ipc in Bangalore Karnataka chargesheet also submitted the same.in Bangalore.As per prosecution story offence firstly committed in out of India (Nepal)and was continue in Nagpur Maharashtra.CAUSE OF ACTION (all evidence)are available out of India and in India (Nagpur)prosecution has also submitted political certificate U/s 188 cr.p.c and Bangalore court has took cognizance of chargesheet trial is still pending.
In case of ajay agarwal VS union of India Apex court said "if part of offence commited in India then we can not say offence commited out of India and section 188 CrPC not applicable"
My question Is
1- prosecution is right to choose Bangalore instead of Nagpur...?
2-Can lower court transfer case from Bangalore to Nagpur court
3-if yes then police report(chargesheet) would be valid in Nagpur court means Bangalore police investigation report
or magistrate will conduct a fresh investigation from Nagpur Police
5- Bangalore court will discharge the accused
plz send me any judgment regarding the same.
thank you
Rajendra K Goyal
(Expert) 31 March 2014
FIR and other documents need to be seen, consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 31 March 2014
A vague query without much details for rendering proper opinion, consult a lawyer with all case related documents for better advise.
