In this case, hon’ble High Court of Karnataka, has not done quash but ordered the case to be transferred to a different police station, as the original PS has no jurisdiction to investigate the case.City Union Bank Vs Venugopal on 19 March, 2013
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).
This judgment declares a criminal case of filed at a wrong jurisdiction and permits transfer of case to another court with proper jurisdiction to proceed with case.
One piece of valuable information is
We find that the offence of cruelty cannot be said to be a continuing one as contemplated by Sections 178 and 179 of the Code. We do not agree with the High Court that in this case the mental cruelty inflicted upon the respondent no. 2 “continued unabated” on account of no effort having been made by the appellants to take her back to her matrimonial home, and the threats given by the appellants over the telephone. It might be noted incidentally that the High Court does not make reference to any particular piece of evidence regarding the threats said to have been given by the appellants over the telephone.
One thing to note is the judge is directing to effectively transfer case on court with proper jurisdiction.
Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014
However, we consider it appropriate, in the interest of justice to permit the Court at Ambikapur to proceed with the trial of Criminal Case arising out of F.I.R. No. 798 of 2005 dated 31.12.2005, in exercise of powers conferred on this Court by Article 142 of the Constitution of India.
The high court judgment which was appealed over in this SC judgment is here.
Another such previous wonderful judgment is available here.
This is one of the judgments wherein a criminal case filed at wrong jurisdiction is directed to be transferred to a court with proper jurisdiction!! Interesting !!
Manish Ratan And Others v. State Of M.P And Another on 01 Nov 2006
We, therefore, are of the opinion that, interest of justice would be subserved, while setting aside the order of the High Court, if in exercise of our jurisdiction under Article 142 of the Constitution of India, we direct transfer of the criminal case pending in the Court of Chief Judicial Magistrate, Datia to the Court of Chief Judicial Magistrate, Jabalpur. We accordingly do so.