abhisheksinghadvocate (advocate at lucknow) 14 July 2015

Can lower court transfer the investigation..?

can lower court (except session judge and logh court) give direction to transfer the investigation...?

7 Replies

abhisheksinghadvocate (advocate at lucknow) 14 July 2015

Sir if u have any case law describing there in "lower court can not give direction to transfer the investigation" kindly send me if provision available.. Kindly tell me

abhisheksinghadvocate (advocate at lucknow) 14 July 2015

Sir if u have any case law describing there in "lower court can not give direction to transfer the investigation" kindly send me. Or any provision available.. Kindly tell me

SAINATH DEVALLA (LEGAL CONSULTANT) 15 July 2015

Come out with the total case history for a good solution

srinivasan.r. (Lawyer, 9444000813) 21 July 2015

I think the magistrate has to no power to do so. You can refer the following judgmt.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS.JUSTICE K.HEMA

TUESDAY, THE 15TH DAY OF SEPTEMBER 2009/24TH ASHADA, 1931

Crl.MC.No. 2158 of 2007 ( )
---------------------------
CC.316/2006 of J.M.F.C.-II, KASARAGOD

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 23 July 2015

Dear Sir

your question is not clear to me plz infrom me as to why investigation is going on, name of investigation agency , and under which section FIR has been londged

abhisheksinghadvocate (advocate at lucknow) 23 July 2015

Dear sir Bhrigu Datta, the FIR is lodged u/s 409 IPC and civil police was carrying out the investigation, during investigation Magistrate ordered to transfer the investigation to CBCID. and state has transfered the same in arbitrary manner.