Peculiar case here. A writ petition is filed seeking to challenge the transfer of a zero FIR registered from a PS in Chhattisgarh to a PS in Telangana.
- Marriage happened at Bilaspur.
- Alleged instances of dowry-related cruelty happened at Secunderabad.
- Due to this cruelty Knife goes back to parent’s home and files 498A case at Bilaspur.
- Complaint is turned into a zero FIR at Bilaspur.
- After preliminary inquiry/examination, SP of Bilaspur transferred the case to Alwal PS through DSP Secunderabad for further investigation holding that the place of occurrence falls within the territorial jurisdiction of Police Station Alwal.
Argument made is that the Officer In-charge of the police station was obliged to investigate the offence completely and without completion of the investigation, it was not within the jurisdiction of the Superintendent of Police, to transfer the F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) for further investigation and therefore, the order of transfer of F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) is unsustainable in law and therefore, order dated 09/07/2015 passed by Superintendent of Police be set-aside and Station House Officer, Police Station Tarbahar Bilaspur be directed to investigate the offence completely and respondent No. 2 be directed to send back the case diary back to Police Station Tarbahar Bilaspur for investigation of the matter.
Aaisha Uttarwar Vs State of Chhattisgarh on 29 April, 2016
As the offence under Section 498-A of the IPC being cognizable, the Station House Officer, Tarbahar Bilaspur (Chhattisgarh) was obliged to investigate the said offence completely by virtue of provisions contained in Section 156(1) of the Cr.P.C., and unless, the investigation of said crime is completed fully as per procedure laid down in Cr.P.C., F.I.R. could not have been directed to be transferred and such a direction is contrary to law laid down by Their Lordships of Supreme Court in Satvinder Kaur (supra).