Territorial jurisdiction is required for taking cognizance o

see judgment Trisuns Chemical Industry v. Rakesh Agarwal, 1999 Cr LJ 4325 : (1999) 8 SCC 686-  the honourable Supreme Court has held that it is an erroneous view that the magistrate taking cognizance of an offence must necessarily have territorial jurisdictions to try the case as well. if he is a Magisrate First Class, his power to take cognizance is not impaired by territorial jurisdiction.

also see section 187 CrPC.

if you can give facts of the matter then that would be a better help.

As soon as the cognizance is taken by the magistrate, the stage of inquiry starts immediately. As per sec.177 CrPC, The inquiry may be made by the court having territorial jurisdiction. suppose a court not having territorial jurisdiction takes cognizance, now problem arises that the court cannot inquire the matter as sec.177 does not allow inquiry by the court not having territorial jurisdiction, then what is the utility of taking cognizance by such court when such court cannot inquire?

NOTE:    COGNIZANCE -----------------BY ANY COURT

                 INQUIRY------------------------COURT HAVING TERRITORIAL JURISDICTION

as per section 177 every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed section 177 r/w s. 190 any magistrate of first class or magistrate of second class if specifically empowered by CJM can take cognizance and try offence if it has been committed within its jurisdiction. likewise section 178 r/w 190 and similarly for other sections under chapter XIII crpc. 

as per ur view, court having jurisdiction can take cognizance u/s 190 and inquire u/s 177-189. I agree with this.

But i want to ask, what if the court has no jurisdiction. in such situation, even if it take cognizance u/s 190, he cannot inquire into offence, because of lack of jurisdiction Which is very much required u/s 177-189.

Dear Padam,

pls. refer sec. 22 of Cr.P.C. "Local Jurisdiction of Executive Magistrates"

1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

regards