High Court to decide, in case of doubt, district where inquiry or trial shall take place
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Summary
When two or more courts take cognizance of the same offence and it is unclear which should inquire into or try it, the High Court decides. If both courts are subordinate to the same High Court, that High Court chooses. If they are under different High Courts, the High Court whose appellate criminal jurisdiction covers the place where proceedings were first started decides, and other proceedings are discontinued.
Example
Meera files a complaint for shop theft and magistrates in District A and District B both take cognizance. The two courts are under different High Courts, so the High Court whose appellate criminal jurisdiction covers District A (where proceedings began) will decide which court should try the case, and the proceedings in the other court will stop.
Bare Act
Enacted textWhere two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided-
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(a) if the Courts are subordinate to the same High Court, by that High Court;
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(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.
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