• Jurisdiction of Magistrate in FIR where investigation has been transferred to another city

I had lodged FIR u/s 467,468,471,419,420 in A district. After more than 2 years when investigation was not concluded then High Court transferred the investigation to SP police of B district. Only investigation was transferred and the order does not mention anything about which magistrate would have jurisdiction over trial after investigation. Now I want to apply for status report on investigation. Whose court should I apply CJM of A district or CJM of B district
Asked 4 months ago in Criminal Law from Rae Bareli, Uttar Pradesh
Religion: Hindu

Status report will have to be applied at the magistrate office under whose jurisdiction the investigation is pending.

 

regards

Anilesh Tewari
Advocate, New Delhi
16744 Answers
254 Consultations

5.0 on 5.0

If the order of the HC is not clear on the point that whether investigation is only transferred or the entire trial then in that case police will submit report to the concerned magistrate under whose jurisdiction the PS will fall.

if there is some ambiguity then you may file status report application before both the magistrates.

Regards

Anilesh Tewari
Advocate, New Delhi
16744 Answers
254 Consultations

5.0 on 5.0

The investigation was transferred and the court must have passed an order directing the police to submit an FR or a chargesheet. It would be submitted in the court which has the jurisdiction in this matter.

The criminal procedure specifically states this and the order of the hc also clarifies this.

Regards 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

You should apply the same to the A district magistrate appropriate orders will be passed by him himself or he will give direction to the other court to pass necessary orders. 

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

You can file RTI application with PIO as to progress of investigations 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

as and when investigations are completed charge sheet would be filed by police with CJM of A district 

 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

You can apply for it before the court having original jurisdiction.

Though investigation has been transferred to some other agency, the case may be tried by the court having original jurisdiction where the occurrence is reported to have taken place until and unless ther is a specific mention about the cae to be tried by some other court in its order by high court.

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

What do you want to clarify?

You can get the information through RTI act also instead of approaching the magistrate court.

In fact the magistrate court may not entertain any such request.

You may ask for the desired information through RTI act

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

You can get information through an RTI application with concern jurisdiction of PIO.

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

The court of A district as only the investigation was transferred not the criminal case,

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

The first magistrate only have jurisdiction wherein the criminal case no. is registered after FIR,

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

If only, investigation officer has been changed than same court. Otherwise, court A, if HC has declared jurisdiction of B.

In your case, court A.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

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