Adv Rahul Shinde (Lawyer) 30 August 2014

Can we change jurisdiction of court to another district cour

can we change jurisdiction of court of one district court to another district court, if is it then please give me some citations

Take one Example,

Suppose If "A" committed an offence of cheating 420 IPC in Aurangabad to "B", Then Aurangabad court's Have a jurisdiction to admit this case. But "A" does not want proceed this case in Aurangabad's Court due to some personal reason Like Threatened by accused or some health problem, Then Can "A" transfer his case to PUNE ?? (which is A's residing place) or can he transferred his case, middle of spot from there residing place, Where accused and complainant convenience to come

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5 Replies

sparrow (Apprentice) 30 August 2014

Could be done by high court via inherent powers in 482 CrPC. but strict onus is on the victim to show that threat to him is bonafide

Ashok, Advocate (Lawyer at Delhi) 30 August 2014

See, Sections 406 and 407 of Cr.P.C. which give powers to the Supreme Court and the High Court to transfer a case from one court to another, if the case pending for trial or appeal.

If the case is pending at the investigation stage, then you can request the High Court to transfer the investigation from one agency to another. You can also request to transfer the case to State CID or to CBI in important cases. Even the DGP of the State can also order transfer of investigation from one police unit to another.

Other than this, if the offence is of such a nature that it has taken place in parts at more than one place, then the provisions of Sections 178 to 183, etc., of Cr.P.C. may come into play and the jurisdiction may lie with more than one courts (and, accordingly, with more than one police stations) and FIR can be lodged accordingly at the appropriate place.