Delhi High Court
Vinod Kumar Jangid vs Government Of National Capital ... on 14 August, 2015
Author: Siddharth Mridul
#20
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.08.2015
W.P.(CRL) 1702/2015 & CRL.M.A.11650/2015
VINOD KUMAR JANGID ..... Petitioner
Through: Mr. Bhagat Singh, Advocate
Versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITORY ..... Respondent
Through: Ms. Nandita Rao, ASC (Criminal)
with SI Chetan Mandia, PS- Sagarpur,
New Delhi
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with section 482 Cr.P.C., 1973 praying for transfer of FIR No.224/2015,
under sections 498-A/406 IPC, registered at Police Station- Sagarpur, New
Delhi to the Rajasthan Police at Jaipur for further investigation. The prayer
clause in the petition reads as follows:-
"a) Transfer case FIR No.224/2015 registered with
P.S. Sagarpur, New Delhi under section 406/498A/34
IPC to Jaipur, Rajasthan for investigation thereof
because Jaipur Courts alone have jurisdiction; and
b) Pass such further orders or grant relief that this
Hon'ble Court may deem fit and proper under the facts
and circumstances of the case."
2. However, learned counsel appearing on behalf of the petitioner
limits the relief in the present petition to a direction to the IO of the
concerned Police Station to expeditiously arrive at a conclusion on the issue
whether they have territorial jurisdiction to investigate into the subject FIR.
It has been brought to my attention that the subject FIR was registered on
15.03.2015 and no decision has been taken in this behalf by the concerned
Police Station for the past six months.
3. Notice.
4. Mr. Lao, learned Additional Standing Counsel (Criminal) accepts
notice. On instructions from the IO in the subject FIR SI Chetan Mandia,
Police Station- Sagarpur, New Delhi, Mr. Lao states that despite repeated
notices in this behalf, the petitioner has failed to join investigation and
cooperate with the police. This assertion on behalf of the IO is strongly
refuted by the counsel appearing on behalf of the petitioner.
5. Be that as it may, in Naresh Kavarchand Khatri vs. State of Gujarat
and Another, reported as (2008) 8 SCC 300, the Hon'ble Supreme Court
while considering the powers of the High Court to transfer of investigation
from the jurisdiction of one Police Station to another, observed as follows:-
"6. The power of the court to interfere with an
investigation is limited. The police authorities,
in terms of Section 156 of the Code of Criminal
Procedure, exercise a statutory power. The
Code of Criminal Procedure has conferred
power on the statutory authorities to direct
transfer of an investigation from one police
station to another in the event it is found that
they do not have any jurisdiction in the matter.
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.
7. 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.
8. Whether an officer in charge of a police station
has the requisite jurisdiction to make
investigation or not will depend upon a large
number of factors including those contained in
sections 177, 178 and 181 of the Code of
Criminal Procedure. In a case where a trial can
be held in any of the places falling within the
purview of the aforementioned provisions,
investigation can be conducted by the officer in
charge of the police station concerned which
has jurisdiction to investigate in relation thereto.
Sub-section (4) of section 181 of the Code of
Criminal Procedure would also be relevant
thereof. We need not dilate more on analyses of
the aforementioned provisions as the said
question has been gone into by this Court on
more than one occasion."
6. In view of the dictum of the Supreme Court as clearly and
unambiguously expressed in the paragraphs extracted above of the said
report, the power of the Court to interfere with an investigation is severely
limited. It is for the police authorities in terms of section 156 Cr.P.C. to
exercise the statutory power to direct transfer of an investigation from one
Police Station to another, in the event it is found that they do not have any
jurisdiction in the matter. The Court cannot interfere in the matter at an
initial stage. If it is found after the investigation that the concerned Police
Station does not have territorial jurisdiction in the matter, the same would be
transferred by the said Police Station to the Police Station having requisite
jurisdiction.
7. In view of the above, the present petition is without any merit and is
accordingly dismissed. The pending application also stands disposed of.
SIDDHARTH MRIDUL, J
AUGUST 14, 2015
dn
