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#20 HIGH COURT OF DELHI
Date of Decision: 14.08.2015
VINOD KUMAR JANGID ..... Petitioner
Through: Mr. Bhagat Singh, Advocate
Through: Ms. Nandita Rao, ASC (Criminal) with SI Chetan Mandia, PS- Sagarpur, New Delhi
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
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:- 2015:DHC:6627-DB “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. 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