AAISHA UTTARWAR Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Petitioner herein seeks to challenge the transfer of First Information Report (hereinafter referred as "F.I.R.") No. 0/2015 registered at Police Station Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh) dated 28/06/2015 for offence under Sec. 498 -A of the Indian Penal Code (hereinafter called as "IPC") by the Superintendent of Police, Bilaspur to the Police Station Alwal, District Secunderabad (Telangana) by its memo. order dated 09/07/2015.

(2.) The aforesaid challenge has been made by the petitioner herein on following factual backdrop: - -

(3.) Learned counsel for the petitioner would submit that offence under Sec. 498 -A of the IPC is a cognizable offence and any Officer In -charge of Police Station without the order of Magistrate is statutorily entitled to investigate the cognizable offence and by virtue of provision contained in Sec. 156(1) of the Code of Criminal Procedure, 1973 (hereinafter called as "Cr.P.C.") the Investigating Officer cannot refuse to investigate the offence on the ground that the offence was not committed within the territorial jurisdiction of his Police Station, as such, the transfer of the First Information Report by the Superintendent of Police, Bilaspur (Chhattisgarh) by memo order dated 09/07/2015 is unsustainable and contrary to law, therefore, it deserves to be quashed.