Criminal revision or application under 482 for challenging the territorial jurisdiction?
Raman
(Querist) 01 March 2013
This query is : Resolved
Sir, In my case the magistrate has taken cognizance of the offence which don't take place in its jurisdiction which I want to challenge its territrorail Jurisdiction,..
H.C normally says that question of territorail jursidcition to be decided by Magistrate but magistrate act mechanically and do not consider the grounds
Whether I should file the Criminal Revision before High Court or petition under section 482 CrPC for challenging the territorial jurisdcition?
Arvind Singh Chauhan
(Expert) 01 March 2013
You may approach to session court or high court in revision only against the order which has been passed rejecting your plea in trial court.
If you have already raised this plea in trial court, you should file revision to session court. Otherwise you should approach to HC under Sec 482 Cr.P.C.
Raj Kumar Makkad
(Expert) 01 March 2013
You can definitely approaoch High Court under section 482 in the given case.
R.K Nanda
(Expert) 01 March 2013
go to high court.
Raman
(Querist) 01 March 2013
Thanks for reply But the point is Trail court judge don't write any thing about the territorial Jurisdiction in its order..Whether challenging summoning order will solve the purpose before High Court?
Which one is broader remedy 401 OR 482 of CrPC??
Please advice...
Devajyoti Barman
(Expert) 02 March 2013
If you challenge a particular order then go for revision only.
Raj Kumar Makkad
(Expert) 02 March 2013
It hardly matters whether the trial magistrate has mentioned about territorial jurisdiction in its order sheet or not. This is a matter of fact which need not require the help of trial magistrate. Section 482 should be got applied.
