Does the High Court has powers to transfer FIR from one state to another?
Legal Fighter
(Querist) 30 September 2008
This query is : Resolved
Does the High Court has powers to transfer FIR from one state to another?
ARVIND JAIN
(Expert) 30 September 2008
I THINK NO.ONE OF MY SLP IS PENDING BEFORE SC.
H. S. Thukral
(Expert) 30 September 2008
No. Only SC has such powers
Legal Fighter
(Querist) 30 September 2008
but there are many judgments specially of Delhi High Court where the High Court has ordered the transfer of FIR from one state to another?
SHEKHAR MISHRA
(Expert) 30 September 2008
A high court has no power to transfer an FIR from one state to another.
Legal Fighter
(Querist) 30 September 2008
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C.No.874-75/2006
Dr. Mrs. Kusum Bakshi Ahlawat and Ors. .......Petitioners
through: Mr. Jugal Wadhwa, Advocate
VERSUS
$ State .......Respondent
through: Mr. M.N.Dudeja, Advocate
22.08.2007
DATE OF DECISION: 22-08-2007
CORAM:
Hon'ble Mr.Justice Pradeep Nandrajog
1. Whether reporters of local papers may be allowed
to see the judgment? Y
2. To be referred to the Reporter or not? Y
3. Whether judgment should be reported in Digest? Y
: PRADEEP NANDRAJOG, J.
1. A short question arises for consideration. Whether, FIR in
question can be registered at Delhi. The FIR is numbered 161/2002 which invokes
Section 498A/406/34 IPC. It has been registered at PS Shalimar Bagh, Delhi.
2. Neelam Ahlawat the wife of Sanjay Ahlawat and the daughter in
law of the petitioners has stated in her complaint that she was a permanent
resident of Jaipur. That she got married to Sanjay Ahlawat on 25.2.2001 at
Jind.
3. According to the petitioners no part of cause of action has
accrued at Delhi for the reason the couple never resided at Delhi. That the
petitioners never resided at Delhi.
3. Section 177 of the Code of Criminal Procedure reads as under:-
?Ordinary place of inquiry and trial ? Every offence shall ordinarily be
inquired into and tried by a Court within whose local jurisdiction it was
committed.?
4. In the decision reported as 2007 (1) SCC (Cri) 336 Manish Ratan
and Ors. Vs. State of M.P. and Anr., Hon'ble Supreme Court has opined that in
view of Section 177 of the Code of Criminal Procedure 1973 territorial
jurisdiction would have to be considered with reference to the place where cause
of action accrued.
5. One fact needs to be noted. The complainant is resided at
Jaipur with her parents. In the FIR address at Delhi disclosed by her is the
residence of her sister.
6. If the complainant resides in Jaipur and her marriage took place
at Jind, her matrimonial house was in Jind and no offence was committed at
Delhi, I see no reason why the FIR needs to be investigated at Delhi.
7. Learned counsel for the petitioner states that he has no
objection if the FIR and record of investigation is directed to be transferred
to Jind, the place where the marriage took place and the couple resided.
8. Since entire cause of action accrued at Jind, I dispose of the
petition directing that FIR in question i.e. FIR No. 161/2002 P.S. Shalimar
Bagh, Delhi and record of investigation be transferred to Jind. Needless to
state, if challan has been presented by the police to a court at Delhi, the
challan would be transmitted to the court of competent jurisdiction at Jind.
9. No costs.
August 22, 2007 PRADEEP NANDRAJOG, J.
mm
G. ARAVINTHAN
(Expert) 30 September 2008
The power to transfer a FIR to other case only vests with the Supreme Court
ARVIND JAIN
(Expert) 30 September 2008
high court has no power. they have passed such orders without any power. sc will decide the matter in pending SLPs.
K.C.Suresh
(Expert) 01 October 2008
NO is the big answer. approach SC for inter state transfer.
Adv.Shine Thomas
(Expert) 02 October 2008
The police can transfer an FIR recorded in the station to the police station where held the actual incident.Suppose the injured was taken to the Medical college, a far away place from the place of incident and the Medical college police will register the FIR and may take the statement of the injured but usually transfer the same to the proper police station where the incident occured.That is the proper way of investigation also. Hence if the FIR is not trasferred to the proper place, even Magistrate can make such order. Then why the High Court cannot transfer the FIR to another state?.Nothing wrong.
