PREETI SHARMA, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner, being a victim of matrimonial offence punishable under Section 498­A read with Section 34 of IPC, seeks quashment of the order dated 06/06/2020 passed by the S.H.O., Police Station - City Kotwali, Raigarh transferring the FIR registered at the instance of the petitioner bearing No. 00/2020 to the Police Station - Sakti, Janjgir­ Champa as FIR No. 228/2020 holding that the Police Station - Sakti, Janjgir­Champa has the jurisdiction to inquire and investigate the offences alleged as the petitioner lastly resided there with her husband and her in­laws.

(2.) It is the case of the petitioner that her marriage was solemnized with Gajendra Sharma on 22/02/2016 at Raigarh and thereafter, she started residing with her husband and her in­laws at her matrimonial house in Village Charpara, District Janjgir­Champa, but on the intervening night of 12/10/2019 and 13/10/2019, she was thrown out of her matimonial house and since then, she has taken shelter at her parents' house and is residing with them at her parental house in Raigarh. On 06/06/2020, she lodged a report against her husband and her in­laws at Police Station - City Kotwali, Raigarh where the S.H.O. of the said police station registered FIR No. 00/2020 against her husband and her in­laws for offence under Section 498­A read with Section 34 of IPC, but thereafter, without any rhyme or reason the S.H.O., Police Station - City Kotwali, Raigarh transferred the FIR to Police Station - Sakti, Janjgir­Champa holding that the Police Station ­ Sakti, Janjgir­Champa has the jurisdiction to inquire and investigate the matter, which is ex­ facie illegal and without authority of law in view of the decision rendered by the Supreme Court in the matter of Rupali Devi v. State of U.P., 2019 (5) SCC 384 as such, the impugned order be set aside and the matter be directed to be transferred back to the Police Station ­ City Kotwali, Raigarh for inquiry and investigation in accordance with law.

(3.) The return has been filed by the respondents/State stating that though the S.H.O., Police Station ­ City Kotwali, Raigarh has the jurisdiction to inquire and investigate the matter, but at the same time, the S.H.O., Police Station - Sakti, Janjgir­Champa also has the jurisdiction to inquire and investigate the matter by virtue of decision rendered by the Supreme Court in Rupali Devi (supra), therefore, the FIR has rightly been transferred to the Police Station - Sakti, Janjgir­Champa for inquiry and investigation in accordance with law.