Legal Question in Criminal Law in India

Sir

In case of Criminal Proceedings, the following is the law in regards to territorial jurisdiction of the Police to investigate the offence ; -

(1)The Police has statutory authority under Section 156 Cr.P.C. to investigate any cognizable case for which the FIR is lodged,

(2) At the stage of investigation, there is no question of interference on the ground that the investigating officer has no territorial jurisdiction, or that no offence is made out in the territory.

(3) After investigation is over, if the investigating officer arrives at the conclusion that the cause of action for lodging FIR has not arisen within his territorial jurisdiction, then he is required to submit a report accordingly under Section 173 Cr.P.C. and to forward the case to the Magistrate empowered to take cognizance of the offence.

So, unless the investigation is completed, accused may not have any say as to whether such investigation is rightly initiated or wrongly. Moreover, the stage at which such objection can be taken by the Accused is the stage when report is submitted by the Police before the Magistrate. So right now, that stage is per-matured.

However, there have been scattered judicial precedents, when FIR have been transferred by the Courts, on the ground of Jurisdiction grounds.

So, if you want, you can take a chance to file Petition for Transfer of Investigation, or wait till the time investigation is not over. Meanwhile, if the case is strong, then certainly take transit bail before going to Mathura, to avoid any arrest.

Feel free to contact, should you have any questions.

Vivek N Mapara

vnmlaws.com