• Jurisdiction and same complainant and investigation officer

An FIR is registered on me by an investigation officer without having jurisdiction and court in which FIR filed is also not having jurisdiction. the complainant and investigation officer are also the same. this is a case /FIR booked under the prevention of corruption act and Disproportionate assets case is registered.
Asked 1 year ago in Criminal Law
Religion: Hindu

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17 Answers

This called ZERO FIR, now it will trasfer to jurisdiction court. And Under PC act, FIR register by ACB, no question of jurisdiction.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

FIR can be registered by any police officer who is investigating a case against you in prevention of corruption act without having jurisdiction over your area. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

First of all file bail and get bail. 

Thereafter you can file quashing on territorial jurisdiction if now you will contest it on jurisdiction then investigation agency will transfer it to jurisdiction police station. 

Now it's easy to get bail

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Wait for police investigations to be completed and charge sheet filed 

 

then based on legal advice file for discharge before trial court or quashing in HC 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

You can seek the Hon'ble High Court for quashing of the FIR by filling a Writ Petition.

 

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

It takes over a year for Petition to appear on  board for admission 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

You can mention the same before court and pray for urgency

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Respected sir ...

If you want the FIR to be quashed very soon and you have the posting slips then you must have to file early hearing petition in the high court to be fix for arguments soon ....court will decide your application of early hearing ...and if it is decided in your favor then your fir will be quashed soon ....

 

THANK YOU

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

Now only an application for Early hearing can be filed in high court except this no other remedy is available

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

file petition before the High Court under Sec 482 CrPc for transfer of INVESTIGATION to some other investigative agency but certainly FIR remains the same. FIR cannot be transferred once it is registered at a Police station where the offence occurred.

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

You can file quashing case in the high court.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

1. You may file a petition under 482 Cr.P.C. to question the FIR on the ground of jurisdictional incompetence.

2. Delay is a part and parcel of the system. There is very little one can do in a situation like this when the matter is not being posted for admission.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

Petition will list be registry rules, should have prayed for interim relief at the first hearing,till disposal of petition, stay of FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

If you feel that here is r jurisdiction then you may file a petition to discharge you from this case before the trial court or to file a quash petition before high court to quash the FIR for jurisdiction purpose.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

If there is an inordinate delay in getting the case numbered by high court, then you may ask your advocate to given an application to the Registrar seeking early posting of this case.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

See if there is no jurisdiction file for quashing of the FIR before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

You can file an application before high court for early hearing of the quashing petition.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

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