Territorial jurisdiction can be challenged u/s 482 crpc?
Raman
(Querist) 28 February 2013
This query is : Resolved
Sir, In my case the magistrate has taken cognizance of the offence which don't take place in its jurisdiction which I want to challenge its territrorail Jurisdiction,..
H.C normally says that question of territorail jursidcition to be decided by Magistrate but magistrate act mechanically and do not consider the grounds
Whether I should file the Criminal Revision before High Court or petition under section 482 CrPC for challenging the territorial jurisdcition?
Devajyoti Barman
(Expert) 01 March 2013
No, high court u/s 482 crpc can consider territorial jurisdicitonal point if the same is apparent from the face of complaint.
Raj Kumar Makkad
(Expert) 01 March 2013
There are numerous judgments which clearly held that a magistrate cannot take cognizance of he offence outside of his territorial area and many high courts have decided such cases.
Arun Kumar Bhagat
(Expert) 29 March 2013
Whether I should file the Criminal Revision before High Court or petition under section 482 CrPC for challenging the territorial jurisdcition?
Ans: Yes.
