Madras HC rejects suspended DGP special plea, calling into question the jurisdiction of the court of first instance

In his petition, Rajesh Das claimed that the alleged offense was committed while moving from one district to another and therefore the case could not be heard by the Chief Justice of Villupuram.

The Madras High Court on Wednesday dismissed a petition for criminal review filed by the suspended Special Director General of Police (DGP) Rajesh Das, questioning the territorial jurisdiction of a Chief Judicial Magistrate (CJM) in Villupuram to conduct a lawsuit in a sexual harassment complaint filed against him by an Indian Police Service (IPS) officer in February this year.

Judge P. Velmurugan declined to hear the preferred review against the rejection of a similar motion by the CJM. He also ordered the CJM to complete the trial within three months. In his motion, the accused claimed that the alleged offense had been committed while moving from one district to another and that the case could therefore not be heard by the CJM.

According to him, the Crime Branch-Criminal Investigation Department (CB-CID) should have filed the indictment either before a judicial magistrate of Ulundurpet in the district of Kallakurichi, or before a magistrate of the district of Chengalpattu. The CJM rejected this argument on the grounds that it was empowered to conduct a trial in all cases heard by the Villupuram unit of the CB-CID.

During the hearing, the CB-CID argued that the accused was raising a plea of ​​jurisdiction as unsustainable as to delay the trial.

Thelma J. Longworth