This article talks about Quashing of FIR for lack of territorial jurisdiction.

Introduction

In India, the territorial jurisdiction of a court plays a crucial role in the administration of justice. When it comes to criminal cases, the filing of a First Information Report (FIR) in a particular jurisdiction is of utmost importance.

However, there are instances where an FIR is filed in a jurisdiction where the alleged offense did not occur. In such cases, the accused can seek the quashing of the FIR for lack of territorial jurisdiction.

Understanding the Quashing of FIR for Lack of Territorial Jurisdiction

Legal Provisions Governing Territorial Jurisdiction in India

In India, the Code of Criminal Procedure, 1973 (CrPC) governs the procedural aspects of criminal cases, including the filing of FIRs and the jurisdiction of courts. Section 177 of the CrPC lays down the general rule that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

Grounds for Quashing FIR for Lack of Territorial Jurisdiction

The Supreme Court of India has held that if an FIR is lodged in a jurisdiction where the offense did not occur, it can be quashed by the High Court under its inherent powers under Section 482 of the CrPC. The court may quash the FIR if it finds that the allegations in the FIR do not disclose any offense or if the FIR was filed in a jurisdiction where the court has no territorial jurisdiction.

Procedure for Quashing FIR for Lack of Territorial Jurisdiction

The accused can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of the FIR on the grounds of lack of territorial jurisdiction. The court will then examine the facts and circumstances of the case and may quash the FIR if it finds merit in the petitioner’s arguments.

Conclusion :-Quashing of FIR for lack of territorial jurisdiction

The quashing of an FIR for lack of territorial jurisdiction is a legal remedy available to the accused in India. It ensures that justice is administered in a fair and impartial manner, in accordance with the principles of natural justice and the rule of law.

FAQ on Quashing of FIR for lack of territorial jurisdiction

1. Can an FIR be quashed for lack of territorial jurisdiction?
Yes, the High Court has the power to quash an FIR if it finds that it was filed in a jurisdiction where the alleged offense did not occur.

2. Under what legal provision can an FIR be quashed for lack of territorial jurisdiction?
The High Court can quash an FIR under its inherent powers under Section 482 of the CrPC.

3. What is the general rule regarding the jurisdiction of courts in criminal cases in India?
Section 177 of the CrPC lays down the general rule that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

4. Can the accused file a petition for quashing the FIR for lack of territorial jurisdiction?
Yes, the accused can file a petition before the High Court seeking the quashing of the FIR on the grounds of lack of territorial jurisdiction.

5. What are the grounds for quashing an FIR for lack of territorial jurisdiction?
The court may quash the FIR if it finds that the allegations in the FIR do not disclose any offense or if the FIR was filed in a jurisdiction where the court has no territorial jurisdiction.

6. Can the accused approach the Supreme Court for quashing the FIR for lack of territorial jurisdiction?
Yes, the accused can approach the Supreme Court if they are not satisfied with the decision of the High Court.

7. What is the significance of quashing an FIR for lack of territorial jurisdiction?
Quashing of an FIR ensures that the accused is not subjected to harassment and inconvenience due to a frivolous or mala fide complaint filed in a jurisdiction where the alleged offense did not occur.

8. What is the procedure for quashing an FIR for lack of territorial jurisdiction?
The accused can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of the FIR. The court will then examine the facts and circumstances of the case and may quash the FIR if it finds merit in the petitioner’s arguments.

9. Can the accused seek compensation for filing a frivolous FIR in a wrong jurisdiction?
Yes, the accused can seek compensation for harassment and inconvenience caused due to the filing of a frivolous FIR in a wrong jurisdiction.

10. Are there any limitations on the power of the High Court to quash an FIR for lack of territorial jurisdiction?
The power of the High Court to quash an FIR is not unlimited and must be exercised judiciously and in exceptional circumstances.

11. Can the police investigate an offense if the FIR has been quashed for lack of territorial jurisdiction?
No, once the FIR is quashed for lack of territorial jurisdiction, the police cannot investigate the offense further.

12. Can the quashing of an FIR for lack of territorial jurisdiction be challenged in a higher court?
Yes, the decision of the High Court to quash an FIR can be challenged in a higher court, such as the Supreme Court.

13. What is the role of the public prosecutor in the quashing of an FIR for lack of territorial jurisdiction?
The public prosecutor represents the state in criminal cases and may oppose the quashing of an FIR if it is not in the interest of justice.

14. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction at any stage of the proceedings?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction at any stage of the proceedings, before or after the charge sheet is filed.

15. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if they have already been arrested?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction even if they have already been arrested.

16. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is non-bailable?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of whether the offense is bailable or non-bailable.

17. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is cognizable?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of whether the offense is cognizable or non-cognizable.

18. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is compoundable?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of whether the offense is compoundable or non-compoundable.

19. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is punishable with imprisonment for life?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of the punishment prescribed for the offense.

20. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is punishable with death?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of the severity of the punishment prescribed for the offense.

21. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed against a public servant?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of the status of the victim of the offense.

22. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a public place?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of the location where the offense was committed.

23. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a private place?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction regardless of the location where the offense was committed.

24. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a different state?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a different state.

25. Can the accused seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a different country?
Yes, the accused can seek the quashing of an FIR for lack of territorial jurisdiction if the offense is committed in a different country, provided that the accused is within the jurisdiction of the Indian courts.