Can lower court transfer the investigation..?

advocate at lucknow

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

 
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advocate at lucknow

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
 
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advocate at lucknow

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
 
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LEGAL CONSULTANT

Come out with the total case history for a good solution

 
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Lawyer, 9444000813

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

 

 

 
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PRIVATE PRACTICE

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 

 
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advocate at lucknow

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.
 
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LEGAL CONSULTANT

Still U have not come out with the case history

 
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