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 doubtful which court should inquire into or try it, a High Court decides which court is proper. If the courts are subordinate to the same High Court, that High Court decides. If they are under different High Courts, the High Court whose appellate criminal jurisdiction covered the place where proceedings were first begun decides, and other proceedings are then stopped.
Example
Priya files an FIR for theft and two magistrates in different districts take cognizance of the same complaint. Both magistrates are subordinate to the same High Court, so that High Court decides which court should try the case. The proceedings before the other magistrate are then discontinued.
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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