GIRISH CHANDRA SAXENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Ramji Saxena, learned counsel for the petitioners and the learned A.G.A. for respondents Nos. 1 and 2.

(2.) This writ petition has been filed for issuing an order or direction in the nature of mandamus commanding the respondents Nos. 1 and 2 to wash of their hands from the investigation of case crime No. 262 of 2000 under Ss. 498-A, 504/506 and 120-B, IPC and under Section 3/4 of Dowry Prohibition Act. P. S. Fatehgarh, District Farrukhabad and commanding respondents Nos. 1 and 2 to transfer investigation to the concerned police station Subhash Nagar, Bareilly.

(3.) The learned counsel for the petitioners contended that it is clear from the allegations of the FIR of the impugned case (Annexure-1 to the writ petition) that the alleged occurrence of the offences took place at the residence of petitioners i.e. Subhash Nagar, P. S. Subhash Nagar, District Bareilly and the First Information Report was lodged at P. S. Kotwali. Fatehgarh, District Farrukhabad and no offence is alleged to have been committed at Fatehgarh, District Farrukhabad. Therefore, the investigation of the case was to be made by the concerned police station Subhash Nagar, District Bareilly. He further contended that the police of P. S. Fatehgarh, District Farrukhabad has got no jurisdiction to investigate the case as per S. 156, Cr. P.C. In support of his above contention, he also placed reliance on Division Bench case of this Court in Sunil Kumar v. State of U.P. (1993) 30 All Cri C 344 (Criminal Misc. Writ Petition No. 34048 of 1992 decided on 7/11/1992) in which it was held as below :-