2004 (11) TMI 622 - HC - Indian Laws

Summary

Issues:
1. Jurisdictional authority to transfer FIR from one police station to another.
2. Validity of transferring investigations from one jurisdiction to another.
3. Allegations of abuse of process of law and malafides in registering FIR.

Detailed Analysis:
Issue 1: The petitioners challenged the transfer of FIR from PS Kavi Nagar, Ghaziabad to PS Shahdara, Delhi, alleging that Ghaziabad Police had no authority to transfer the FIR. The petitioners argued that only the High Court could transfer investigations, citing relevant case laws. However, the State and respondent No. 3 contended that the transfer was based on the complainant's request and due to part of the cause of action arising in Delhi. The court examined the legality of transferring FIRs and concluded that Investigating Officers can forward cases to police stations where offenses were partly committed, even if the cause of action arises in multiple jurisdictions.

Issue 2: The court reviewed the circumstances leading to the transfer of investigations from Ghaziabad to Delhi. The State clarified that the transfer was due to the complainant's safety concerns and part of the cause of action being in Delhi. The court found that transferring the case to Delhi was justified as part of the offense occurred in Delhi, and the complainant requested the transfer. The court emphasized that the accused would not suffer prejudice if the investigations were carried out by Delhi Police and the case tried in Delhi Courts.

Issue 3: The petitioners alleged that the registration of FIR at Shahdara, Delhi, was illegal, an abuse of process of law, and actuated by malafides to pressure the respondent. However, the court found no jurisdictional issues or malafides in registering the FIR in Delhi. The court dismissed the petition, stating that the prayer to quash the FIR and prohibit further investigations lacked merit. The court clarified that the bail granted to the petitioners in Ghaziabad would continue despite the transfer of the case to Delhi Police. The judgments cited by the petitioners regarding second FIRs were deemed inapplicable to a case of transferring FIR from one police station to another.

In conclusion, the court upheld the validity of transferring the investigations to Delhi and dismissed the petition challenging the registration of the FIR at PS Shahdara.