A Magistrate’s jurisdiction is limited to his territorial jurisdiction, he cannot permit investigation in a case he is not competent to try.

Cr.P.C. S.179: Magistrate’s Jurisdiction:  A Magistrate does not exercise jurisdiction throughout the length and breadth of India for purposes of Code of Criminal Procedure or of Prevention of Corruption Act. The Code of Criminal Procedure defines the territorial jurisdiction of Magistrates. It will not be a consonance with the jurisdiction and structure of Courts of Magistrates to allow an order of investigation to be made by a Magistrate of Delhi for investigation of a case in the State of Assam. The reason is that a Magistrate orders investigation in a case which he has power to inquire into or try.-Union of India and another v. B.N. Ananthapadmanabhiah, 1971 CrLJ 1287: AIR 1971 SC 1836.


Categories: CIVIL

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