2021 (2) TMI 1176 - HC - Indian Laws

Territorial Jurisdiction - Validity of registration of FIR - petitioner submits that no cause of action arose within the territorial jurisdiction of Gautam Budh Nagar - Section 4 of Muslim Women (Protection of Right on Marriage) Act - HELD THAT - State counsel, on instructions, submits that even in 161 Cr.P.C. statement, it has not been stated by the complainant that the incident occurred at Gautam Budh Nagar. He prays for three weeks time to file counter - List this case on 25.03.2021. Considering the facts and circumstances of the case, State authorities are directed not to take any coercive action against the petitioners till the next date of hearing - It is made clear that investigation shall go on and the petitioners shall cooperate in the investigation. Non cooperation of the petitioners in the investigation may give reason to the State to file application seeking vacation of the interim order. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Summary

Issues:
1. Territorial jurisdiction for filing the FIR.
2. Quashment of FIR under Section 4 of Muslim Women (Protection of Right on Marriage) Act.
3. Interim relief against coercive action by State authorities.
4. Cooperation of petitioners in the investigation process.
5. Procedure for filing and verifying the court order.

Analysis:

1. Territorial Jurisdiction: The petitioners sought to quash the FIR dated 25.10.2020 under Section 4 of the Muslim Women (Protection of Right on Marriage) Act, arguing that no cause of action arose within the territorial jurisdiction of Gautam Budh Nagar. The counsel submitted that any cause of action would be in Delhi, not Gautam Budh Nagar. The State counsel, in response, acknowledged that the complainant did not mention Gautam Budh Nagar in the 161 Cr.P.C. statement. The court issued notice to respondent no. 4 and set the next hearing for 25.03.2021.

2. Quashment of FIR: The petitioners requested the quashment of the FIR, emphasizing the lack of cause of action in Gautam Budh Nagar. The court, considering the circumstances, directed State authorities not to take coercive action against the petitioners until the next hearing. However, the investigation was to continue, and the petitioners were instructed to cooperate. Non-cooperation might lead to the State seeking vacation of the interim order. The court aimed to decide the case conclusively on the next hearing, warning that further adjournments may not be granted as a matter of right.

3. Interim Relief: An interim order was granted in favor of the petitioners to prevent coercive action by State authorities. The court stressed the importance of cooperation in the investigation process and warned against non-cooperation leading to the vacation of the interim order. The petitioners were instructed to cooperate fully to avoid adverse consequences.

4. Cooperation in Investigation: The petitioners were explicitly directed to cooperate in the investigation to avoid any adverse actions by the State. Failure to cooperate could result in the State seeking the vacation of the interim order. The court emphasized the importance of active participation in the investigation process to ensure a fair and just resolution.

5. Procedure for Court Order: The court outlined a specific procedure for filing and verifying the court order. The party was required to submit a computer-generated copy of the order downloaded from the official website of the High Court Allahabad, self-attested by the petitioner(s) along with a self-attested identity proof, preferably Aadhar Card. The concerned Court/Authority/Official was tasked with verifying the authenticity of the order from the official website and providing written confirmation of the verification.

This detailed analysis covers the various issues addressed in the judgment, outlining the arguments presented by the parties and the directives issued by the court for each aspect of the case.