HANUMAN PRASAD OJHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) his writ petition has been filed by the petitioners for the purpose of obtaining the following reliefs:-

(2.) Parties have exchanged their respective affidavits and the matter was heard on such basis.

(3.) Apart from the issues, which are normally available within the aforesaid jurisdiction, a further question of transfer of case crime from the State of West Bengal to State of Uttar Pradesh is involved for adjudication. The complainant is the main contesting respondent herein. The case of the petitioners is that a complaint has been lodged in Kolkata in connection with misappropriation of fund of the company pf the complainant in various places of Uttar Pradesh including Kanpur, place of the petitioners. We have gone through the first information report lodged on 18th October, 2005 on the basis of an application under Section 156 (3) of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C;') 'made by Office Manager of a Kolkata based company i.e. M/s. PKS Limited for causing investigation by the Officer Incharge, Police Station Shakespeare Sarani, Kolkata. It is alleged that the petitioner/s filed application for anticipatory bail therein, which was rejected. From the writ petition two important points arose, i.e.- a) Where the first Information report can be filed? b) Which Court can take cognizance of the matter?