Zero number FIR

sunil pagare (Querist) 30 December 2009 This query is : Resolved
Offence committed within the jurisdiction of 'A' police station & FIR lodge at 'B'police station. It is the procedure that,if it is reveal that the offence is committed within the jurusdiction of other police station it shall be transfer to that police station with ZERO number FIR.The concern police station(Incharge) failed to transfer the same & investigated the whole case arrested the accused & filed chargesheet in the court. But that court have no jurisdiction to proceed the case. What will the consequences bcoz both police & court have no jurisdiction?

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Raj Kumar Makkad (Expert) 30 December 2009
You should immediately file a petition before HC of that State and should get the relief available at this initial stage. The benefit of this lapse shall definitely go in favour of the accused at the last stage if this irregularity continues.

aman kumar (Expert) 30 December 2009
r k is right !!

Ajay Bansal (Expert) 30 December 2009
Though it is n irregularty,but not a case where F.I.R. can be quashed.Face the trial.This position would go into your side as a doubt has been arisen in prosecution case.

joyce (Expert) 30 December 2009
I agree with raj makkad

N.K.Assumi (Expert) 31 December 2009
Clause (e)of Section 460 of the criminal procedure code- if any Magistrate not empowered by laws to take cognizance of an offence under section 190 (a) or (b) erroneously but in good faith does take cognizance, the proceedings will not be set aside merely on the grounds of his not being so empowered.