2022 (12) TMI 1488 - HC - Indian Laws

Territorial Jurisdiction - transfer of the case - respondent has stated that because no cause of action or incident was related to any place in Delhi, therefore, the case was transferred to UP Police for further investigation where the jurisdiction lies - HELD THAT - A reading of section 156 (3) shows that the Magistrate enjoys all the power to order the investigation and ensure that the same is conducted in a fair manner and may also direct the police to perform its duties. In the present case, the metropolitan magistrate while exercising his powers under section 156(3) directed investigation into the complaint. It was open to the respondent to raise objections with regard to territorial jurisdiction at the time when directions were issued by the learned MM directing investigation. Once the order has been passed by the magistrate directing investigation, it is not open to the police to raise objection regarding territorial jurisdiction. In fact, in the present case, the Addl. Commissioner of Police has transferred investigation from Delhi to Greater Noida, U.P. This is tantamount to reviewing the order of MM which only a superior court has the authority to do. A bare perusal of the complaint clearly shows that the complainant is a resident of Model town, Delhi. He carried Rs. 50,00,000 in cash and his chequebook to Noida from Delhi. Subsequently, the complainant reached Greater Noida wherein the said cash and cheques were forcibly taken away from him. The petitioner has made a complaint dated 05.12.2018 to PS Model Town and also on 01.01.2019 to ACP, DCP and Commissioner of Police. Hence, a part of cause of action has arisen in Delhi. The court of the learned MM, Delhi will have jurisdiction to take cognizance of the offence and direct investigation to PS Model Town. When the learned MM directed the registration of FIR, no such objection was taken by the respondent. The order of Addl. Commissioner of Police (Crime) of transferring the investigation from PS Model Town, Delhi to PS Surajpur, Noida is bad in law and is liable to be set aside. Petition allowed.

Summary

Issues:
Petition seeking cancellation of the order transferring investigation to another jurisdiction.

Analysis:
1. The petitioner filed a petition challenging the order transferring the investigation from Delhi to Greater Noida, U.P., questioning the jurisdiction of the Addl. Commissioner of Police to make such a transfer.

2. The petitioner's complaint alleged abduction, extortion, and robbery in Noida, leading to the registration of an FIR at PS Model Town, Delhi, under the direction of the Metropolitan Magistrate (MM).

3. The MM ordered fair and expeditious investigation, which was later transferred to Police Station Surajpur, Noida, U.P., by the Addl. Commissioner of Police, prompting the petitioner to file the present petition.

4. The petitioner argued that the transfer of investigation was contrary to law as the MM had jurisdiction over the case, and the Addl. Commissioner exceeded authority by transferring it to another state without proper grounds.

5. The respondent contended that since the incident did not occur in Delhi, the case was rightfully transferred to U.P. Police for investigation based on jurisdictional considerations.

6. The court analyzed the relevant sections of the Code of Criminal Procedure (Cr.PC), emphasizing the magistrate's power to order investigations and the limitations on police jurisdiction once an investigation is directed by the court.

7. Referring to precedents, the court highlighted that investigating agencies cannot refuse to investigate based on territorial jurisdiction and must follow court directives, especially when offenses span multiple jurisdictions.

8. Considering the principles of jurisdiction laid down by the Supreme Court, the court concluded that a part of the cause of action arose in Delhi, giving the MM jurisdiction over the case and rendering the transfer to U.P. improper.

9. The court, based on legal provisions and case law, held that the Addl. Commissioner's order transferring the investigation was unlawful and set it aside, allowing the petition in favor of the petitioner.