Amit (Advocate) 09 September 2010

provision for transfer of criminal complaint

U/s 192 Cr.PC, there is provision for transfer of case by a magistrate to other magistrate having Jurisdiction to conduct traial of such offences, only after taking cognigence of such offence. In Cr.P.C there is no such provision where a magistrate can ask to file an application to get the complaint/case transferred from his court even prior to taking cognigence of the matter stating therein that the same does not falls under the Police station he has having Jurisdiction upon.

Pls provide me some case law on this aspect.

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3 Replies

Amit (Advocate) 09 September 2010

Can we spare some time to discuss this situation. There is a criminal complaint filed before CMM, the CMM has asigned the matter to his subordinate MM, the presummoning evidence has already taken place, now at the time of argument the MM say that he can not persue with the matter as the complaints falls under Jurisdiction of other police station in the same District and asked to move an application. Can any such application be moved if yes, pls quote the provision if no then what would be the course of arguments

Adesh Kumar Sharma (Senior Associate Lawyer) 09 September 2010

Dear Amit

Magistrate has no power to ask the complainant to file the application for tansfering the case to any other court having jurisdiction over the matter.

What the magistrate can do, he can transfer the case himself by recording the specific reason to the effect or he can intimate the CMM for the same. Then the CMM, if thinks appropriate can order to transfer the case to the concerned court.

Further the section 192 gives the power to assign the case to other magistrate and it is the administarative kinds of power of the court.

Thanks