Territorial jurisdiction of FIR?
Legal Fighter
(Querist) 31 March 2009
This query is : Resolved
Can FIR be quashed on the ground of lack of territorial jurisdiction? also as per my understanding, the police need to transfer the FIR if there is no cause of action within their territory. But if the police due to some influence doesn't act in lawful manner and retain the FIR despite having no prima-facie cause of action, what is the remedy with the alleged accused in the FIR?
Please tell me in detail and also let me know if there are some Supreme Court judgments on this issue.
adv. rajeev ( rajoo )
(Expert) 31 March 2009
Dear Manish
It is the duty of the police to transfer the FIR to concerned station where the offence is committed. If police didn't do that so naturally on the ground of jursidction FIR can be quashed.
Legal Fighter
(Querist) 31 March 2009
I do have the same opinion but in one of the Supreme Court judgment, I have studied that FIR can't be quashed on the ground of territorial jurisdiction.
But my point is that can the FIR be quahsed on the ground of malafide intentions of police or investigation agency?
Ashey
(Expert) 01 April 2009
Yes .. .i very much agree with Manish
Legal Fighter
(Querist) 01 April 2009
Will the High Court appreciate the facts of malafide intentions of police in rentention of FIR and the corresponding illegalities in Writ Petition?
Kiran Kumar
(Expert) 03 April 2009
manish it will depend upon the facts and circumstances of the case. e.g the matter is being kept pending for long time without any sufficient reasons then certianly u can make out a case.
police agencies will have to establish reasons for not sending the matter to the appropriate authority.
