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Section 202 Code of Criminal Procedure 1973

Querist : Anonymous (Querist) 02 October 2010 This query is : Resolved 
My friend has lodged a criminal complain in the local court against a builder for abusing, threating and taking money and not giving possession of the shop. Court has order a Police Station say 'A' under their jurisdiction. The accused resides in the jurisdiction of another Police Station say 'B'. Police Station A is telling that they can not investigate as the accused is not residing in their jusrisdiction. Is Police Station A correct ? If yes then what should be official procedure that Police Station A should follow ? Do they have to inform Court to direct the request to proper Police Station or they can transfer the enquiry to Police Station B ?.
R.Ramachandran (Expert) 02 October 2010
Police station would be informing the magistrate and thereafter the magistrate would be directing the correct police station.
Advocate. Arunagiri (Expert) 02 October 2010
You can file a memo stating that the Police station A is refusing to execute the order telling that they do not have the jurisdiction. You can mention the correct the Police station. After that you have to file a fresh process for getting the warrant.
s.subramanian (Expert) 02 October 2010
I agree with the above views.
Devajyoti Barman (Expert) 03 October 2010
The residence of the accused is not the deciding factor for the police to make investigation and their current stand does not comply the provisions of law. The Magistrate should make further order directing it to make investigation.


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