Code:
Where 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—
(a) if the Courts are subordinate to the same High Court, by that High Court;
(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
Explanation:
This section deals with the situation when multiple courts take cognizance of the same offence. It establishes a mechanism for determining which court should proceed with the inquiry or trial.
- If the courts are subordinate to the same High Court, the High Court will decide which court should proceed.
- If the courts are not subordinate to the same High Court, the High Court within whose appellate criminal jurisdiction the proceedings commenced first will decide.
Once a decision is made, all other proceedings in respect of the offence are discontinued. This prevents duplication of effort and ensures consistency in the administration of justice.
Illustration:
Suppose there is a case of theft. A case is filed in a court in Delhi and another case is filed in a court in Mumbai. Both courts are subordinate to different High Courts. In this scenario, the High Court of Delhi would decide which court should proceed with the trial as the proceedings were first commenced in Delhi.
Common Questions and Answers:
Q: What is the purpose of this section?
A: This section aims to prevent jurisdictional conflicts and ensure that only one court investigates and tries an offence.
Q: What happens if the High Courts cannot agree on which court should proceed?
A: In such a situation, the matter may be referred to the Supreme Court for resolution.
Q: What happens to the accused in the discontinued proceedings?
A: The accused in the discontinued proceedings are not prejudiced. They will be tried in the court that continues the proceedings.
