kalpesh 11 September 2017

After charge framing wrong jurisdiction remedy

in a case of 498a after charge framing when a trial has been running in court and via crossing the all procecution evidences the accused get success to establish before judge that the case is running in wrong territorial jurisdiction then what are the remedies ? can a judge dismiss the whole case anytime or any stage ?

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4 Replies

Vijay Raj Mahajan (Advocate) 11 September 2017

Judge will order for transfer of the matter to court of the Magistrate of competent jurisdiction .

Siddharth Srivastava (Advocate) 11 September 2017

If the case is in the court who has no territorial jurisdiction in the matter then the court may return the case with instruction to file the same in court who has jurisdiction in the matter or can transfer the case to such court.