SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. This writ petition has been filed by Sunil Kumar, Satya Narain Khandelwal and Smt. Gyatri Devi with prayer that the Police Station Kotwali Mathura be restrained from investigating the the Case Crime No. 711 of 1992, State v. Sunil Kumar and others, under Section 498-A, I. P. C. registered on the basis of the first information report lodged by Smt. Rekha Khandelwal and alternatively it has been prayed that the investigation of the said case be transferred to the police of Police Station Kotwali, Bareilly and until that is done the petitioners should not be arrested.

(2.) THIS writ petition was filed oil 17-9-1992 when a counter-affidavit was called. The informant has been impleaded as the opposite party No. 3, who is now represented by Sri Rajul Bhargava, Advocate. The opposite parties No. 1 and 2 (State of U. P. and Station Officer of Police Station Kot wali, Mathura) are represented by Sri R. S. Sengar, learned standing Counsel.

(3.) SRI V. C. Tewari has relied upon the provisions of Section 156, Cr. P. C. in order to substantiate his argument that if the offence does not fall within the local limits, the police of Police Station Kotwali, Mathura shall have no jurisdiction to investigate the case.