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True Colors of a Vile Wife

Tag: FIR Transfer Set Aside

Naresh Kavarchand Khatri Vs State Of Gujarat & Anr on 8 May, 2008

Posted on July 14, 2018 by ShadesOfKnife

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,

We, 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.

Naresh Kavarchand Khatri Vs State Of Gujarat & Anr on 8 May, 2008
Posted in Supreme Court of India Judgment or Order or Notification | Tagged FIR Transfer Set Aside Naresh Kavarchand Khatri Vs State Of Gujarat and Anr | Leave a comment

Aaisha Uttarwar Vs State of Chhattisgarh on 29 April, 2016

Posted on July 14, 2018 by ShadesOfKnife

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.

Case Brief:

  1. Marriage happened at Bilaspur.
  2. Alleged instances of dowry-related cruelty happened at Secunderabad.
  3. Due to this cruelty Knife goes back to parent’s home and files 498A case at Bilaspur.
  4. Complaint is turned into a zero FIR at Bilaspur.
  5. 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.

Finally,

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).

Aaisha Uttarwar Vs State of Chhattisgarh on 29 April, 2016
Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged Aaisha Uttarwar Vs State of Chhattisgarh FIR Transfer Set Aside Transfer of Criminal Case Zero FIR to be Filed Investigated and Transferred | Leave a comment

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