LAWS(MPH)-2016-7-102

RAJESH GUPTA Vs. STATE OF M P

Decided On July 11, 2016
RAJESH GUPTA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Inherent powers of this court u/S.482 of Cr.P.C are invoked for quashment of FIR in Crime No.554/2014 alleging offences punishable u/Ss.407, 303, 420, 120-B of IPC registered at Police Station Jadhavpur, Kolkata, West Bengal. Quashment is also sought of the notice issued by S.H.O. Inderganj issued u/S.41A Cr.P.C. dated 08.08.2015 asking the petitioners to cooperate in the investigation process in the above said crime number.

(2.) Learned counsel for the rival parties are heard. Learned counsel has raised various grounds to challenge the above said offences and the notice but is unable to satisfy this court on the question as to how this court is possessed with territorial jurisdiction to adjudicate the cause raised.

(3.) Indisputably, the offence in question which is sought to be quashed is registered at Jadhavpur, Police Station which lies within Kolkata (West Bengal) Even the notice issued u/S. 41A of Cr.P.C. dated 08.08.2015 merely asks the petitioner to cooperate in the investigation of the said offences. So far as impugned offence registered in crime number 554/2014 is concerned, the same has been committed as well as registered outside the territorial jurisdiction of this court. Moreover, the said notice u/S. 41-A is nothing but a communication forwarded by local police station asking petitioners to cooperate in investigation conducted by police station i.e. Jadhavpur, Kolkata. Moreso this notice directs the petitioner to bring certain documents relevant for investigation triggered by the FIR bearing Crime No.554/2014 registered at Jadhavpur, Kolkata.