ISHWAR CHANDRA JAISWAL Vs. STATE NCT DELHI

JUDGEMENT

(1.) Through this petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. the petitioners pray for issue of a writ of mandamus and/or certiorari to register a case, if any, on the basis of the allegations contained in the complaint of respondent no.3 in Delhi only. The petition has been made with the averments that the petitioners are related to respondent no.3 as her father-in-law and mother-in-law respectively, their son- Rajiv, having married respondent no.3 at Kanpur. Respondent no.3 initially lodged a complaint at the Crime Against Women Cell, Nanakpura, New Delhi alleging her torture and harassment at the hands of the petitioners for want of inadequate dowry. In the first week of November, 2005 the petitioners received a telephone call from S.O. Manju Singh from Mahila Thana, Kanpur in relation to a complaint lodged by respondent no.3. The petitioners applied for anticipatory bail before a Delhi court but respondent no.2 informed the court that the complaint stands transferred to Mahila Police Station, Kanpur. According to the petitioners, Mahila Police Station, Kanpur has no jurisdiction to entertain the complaint of respondent no.3 because no part of cause of action has taken place in Kanpur and whatever cause of action has been alleged, is only in the territory of Delhi.

(2.) In support of his contention that the present petition is maintainable, learned counsel for the petitioners has placed reliance upon a Supreme Court decision in the case of Y.Abraham Ajith and Others Vs. Inspector of Police, Chennai and Another, (2004) 8 SCC 100. In the said case the Hon'ble Supreme Court held as under:

(3.) In the opinion of this Court, the petitioners cannot draw any help from the above case. Assuming for moment that the Kanpur Police has no jurisdiction to entertain and investigate the complaint lodged by respondent no.3 at Mahila Police, Kanpur, it will not be appropriate for Delhi court to either quash the said complaint or investigation and the petitioners should approach the court of competent jurisdiction. Therefore, it does not seem to be possible to issue any writ or direction of the kind as sought for by the petitioners. Petition, as such, is dismissed in limini.