Hon’ble High Court of Gujarat has passed an order to transfer a case from Vadodara to another police station having territorial jurisdiction or to CID Crime or any other independent agency. This without the notice to/knowledge of the original complainant. Read on.
From Para 5,
The informant was not impleaded as a party therein. No notice was issued on the said appeals. No reason has been assigned. The Court did not advert to the question as to whether it had any jurisdiction to pass the said order. Why such a concession was made by the learned APP on the very first day of hearing is not known.
….
The Court should not interfere in the matter at an initial stage in regard thereto. If it is found that the investigation has been conducted by an Investigating Officer who did not have any territorial jurisdiction in the matter, the same should be transferred by him to the police station having the requisite jurisdiction.
From Para 6,
It is of some significance that the High Court exercised its jurisdiction even without notice to the petitioner. The investigation has to be carried out on the basis of the allegations made. The first informant is required to be examined; statements of his witnesses were required to be taken; the accused were also required to be interrogated.
The undue haste with which the High Court has exercised its jurisdiction, in our opinion, should not be encouraged.
Finally,
Naresh Kavarchand Khatri Vs State Of Gujarat & Anr on 8 May, 2008We, therefore, are of the opinion that it is not a case where we should refuse to exercise jurisdiction under Article 136 of the Constitution of India. We, therefore, set aside the impugned orders. Consequently, the charge sheets filed by the Wagodhia Police Station stand set aside. The concerned Police Officer of Vadodara Police Station would initiate appropriate investigation in the matter in accordance with law.
