Legal Question in Criminal Law in India

when a case during investigation can be transferred from one court to another court in question of jurisdiction ?


Asked on 3/22/11, 11:06 pm

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Answered on 3/22/11, 11:22 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

during investigation, if the police or investigating officer finds that the alleged offence was committed beyond his jurisdiction, he may move an application before the concerned magistrate and the magistrate may refer the case back to chief metropolitan magistrate if the jurisdiction of that particular area where the CMM can transfer the case and if the case pertains to another state, the district judge may transfer the case to another district judge for consigning it to the concerned magistrate or sessions judge.

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Answered on 3/22/11, 11:46 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

during investigation, if the police or investigating officer finds that the alleged offence was committed beyond his jurisdiction, he may move an application before the concerned magistrate and the magistrate may refer the case back to chief metropolitan magistrate if the jurisdiction of that particular area where the CMM can transfer the case and if the case pertains to another state, the district judge may transfer the case to another district judge for consigning it to the concerned magistrate or sessions judge.

this may also be done at the police level. where the investigations may be transferred by the concerned senior official of police to another police station under whom he exercises the jurisdiction.

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Answered on 3/22/11, 11:47 pm
Shrichand Nahar S.V.Nahar, Advocate

Investigation is generally conducted by police. As such, question of transfer of case from one court to other does not arise.

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Answered on 3/23/11, 2:49 am


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