LAWS(CHH)-2017-5-119

HARNEET KAUR @ SHIKHA Vs. STATE OF CHHATTISGARH

Decided On May 19, 2017
Harneet Kaur @ Shikha Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the action of respondents No.3 to 5, whereby FIR lodged by the petitioner herein has been transferred to the Police Station Indrapuram, Gaziabad (UP).

(2.) The brief facts Essential for adjudication of the present dispute are as under:-

(3.) Learned counsel for the petitioner would submit that a careful perusal of the FIR and statement of the petitioner would clearly show that offence under Section 498A of the IPC has been committed only in the territorial jurisdiction of Bilaspur Court, therefore, Police Station-Mahila Thana, Bilaspur has jurisdiction to enquire the matter and it has illegally been transferred to Police Station Indrapuram, District Gaziabad (UP) contrary the provisions contained in Section 177 of the CrPC, therefore, order transferring the FIR to the said Police Station deserves to be set aside.