LAWS(GJH)-2020-1-1

DULARI ARJUNSINH CHUDASMA Vs. STATE OF GUJARAT

Decided On January 01, 2020
Dulari Arjunsinh Chudasma Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr.Nisarg Jain, learned advocate or the applicant.

(2.) The grievances raised in this application is that the investigating officer though has registered an offence under Sections 498-A, 376, 377, 323, 504, 506(2) and 114 of Indian Penal Code, however, he has transferred the said F.I.R. to the Barwala Police Station on the ground that the alleged incident occurred in the jurisdiction of Barwala Police Station. He has further submitted that along with the other offence, an offence under Section 498-A of Indian Penal Code is also invoked by the First Informant. He has relied on a decision in the case of Rupali Devi vs. State of Uttar Pradesh reported in AIR 2019 SC 1790. He has submitted that in view of the decision, the victim of harassment, either it may be physical or mental on a married women, can maintain prosecution wherever she stays. If the Court concerned is having jurisdiction with that area, it is surprising how the police would not have such jurisdiction where consequences of cruelty ensued at that place.

(3.) Mr. Dharmesh Devnani, learned Additional Public Prosecutor is unable to distinguish the said judgement. However, he has submitted that since every offence alleged against the named accused are within the territorial jurisdiction of Barwala Police Station it has been transferred vide communication dated 28.12.2019.