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Queries Participated

MohanK-700   01 September 2017 at 21:37

Io investigate crime that does not come under his territory

A private complaint has been filed in magistrate court. Magistrate ordered for enquiry and referred to police and IO opened FIR and subsequently filed chargesheet.

In chargesheet he mentioned that accused are staying in area of his jurisdiction where as scene of offence is located in a place which is not in his jurisdiction.

1. My question is this chargesheet valid in the eyes of law to proceed with trial ?

2. Since IO has no authority to investigate crime which does not fall under his jurisdiction he should have referred this case to PS which has jurisdiction which he did not do and can i go for quash of chargesheet citing this reason?

Appreciate any suggestion