IN RE, SUNIL KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) The petitioner in this application challenges a First Information Report registered at Bidhan Nagar (N) Police Station Case No. 245 dated 29.11.2010 on the ground that the Officer-in-charge of that Police Station did not have territorial jurisdiction to register the First Information Report and investigate the crime.

(2.) It is the contention of the petitioner that from the uncontroverted allegations in the First Information Report it appears no part of the offence had been committed within the territorial jurisdiction of the said Police Station. Section 156 (1) Cr.P.C., inter alia, provides that an officer-in-charge of a police station can investigate a cognizable case provided a Court having territorial jurisdiction over the local limits of such police station could have inquired into or tried such case under provisions of Chapter XIII of the Code. Or in other words, an officer-in-charge of a police station is authorised by this sub-section to investigate a cognizable case when a Magistrate having territorial jurisdiction over the local limits of such police station is entitled to inquire into and try such case. However, sub-section (2) of section 156 Cr.P.C. engrafts a saving Clause. The said sub-section states that no proceeding of a police officer in any such case shall at any stage be called into question on the ground that the officer was not authorised by this section to investigate the case. Hence, a breach of the mandate provided under sub-section (1) of section 165 Cr.P.C. relating to territoriality of the investigating powers of a police officer is a curable irregularity. Any investigation commenced in breach of such provision is cured by the healing touch of sub-section (2) of section 156 Cr.P.C.

(3.) Applying such law to the facts of the instant case, it appears that the impugned proceeding which is at the stage of investigation cannot be challenged on the ground that the police officer did not have territorial jurisdiction to investigate the case in terms of sub-section (1) of the said section.