Transfer of case to court having proper jurisdiction

Sri Biswajyoti Saikia (Querist) 18 May 2012 This query is : Resolved
trial commence and from the evidence on record and from the evidence of the victim it clearly reveals that the entire offence was committed in the district of Nagaland... the sub divisional judicial magistrate, jorhat, assam has no jurisdiction to carry on the trial..........what is the option before the magistrate...should he transfer the case to the court having proper jurisdiction U/S 322 of cr.p.c. or return it to the invesitgating agency to file charge sheet in the proper court.........case i am talking about is chargesheeted by the police and warrant procedure case......please help me..........

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Adv.R.P.Chugh (Expert) 18 May 2012
The Correct procedure as you rightly said was to submit the case to CJM concerned, who would further forward the case to court having jurisdiction u/s 322 of the CrPC

M/s. Y-not legal services (Expert) 18 May 2012
as of your statement the court should initiate the actions in the interest of justice.,

if you are accused in the said case mean why are you worrying about it.,

just file a petition for quash the impugned charge sheet..

-tom-

Shonee Kapoor (Expert) 19 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 May 2012
The Jorhat court has no jurisdiction to transfer the case . Even CJM can not transfer the case to other state.

Make an application for withdrawal of the case by prosecution and file in the court having proper jurisdiction.

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