RAJENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners, through this writ application under Article 226 & 227 of the Constitution of India, have approached this Court for quashing the First Information Report, which led to the registering of Miao P.S. Case No. 40 of 2006 in the district of Changlang within the State of Arunachal Pradesh, for the alleged offences under Sections 498A, 506/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. The alternative prayer is for direction to the State of Arunachal Pradesh for transferring the investigation of the above case to the State of Bihar for being investigated by the competent officer of the police station under whose jurisdiction the alleged offences were committed.

(2.) The case of the Petitioners, in short, is that admittedly no cause of action has taken place in the State of Arunachal Pradesh where the aforesaid case has been registered against the Petitioners as no allegations have been attributed against the Petitioner constituting the aforesaid offences in the said State. As per the allegations made in the complaint of the Respondent No. 5, basis of the F.I.R., the alleged acts on the part of the Petitioners with regard to the demand of dowry, torture and cruelty etc. after the marriage at Rohua P.S. Jandaha District- Vaishali on 22.06.2005 all were made at Bihta under Bihta Police Station in the District of Patna, and as such, in absence of any cause of action with respect to the alleged offence within the police station at Miao, District- Changlang in the State of Arunachal Pradesh, the aforesaid Miao P.S. Case No. 40 of 2006 could not have been registered in the State of Arunachal Pradesh and also the consequential proceedings pursuant to the above first information report within the State of Arunachal Pradesh could not have been proceeded. It is accordingly prayed that the first information report in question deserves to be quashed or in alternative directed to be transferred to the Bihar Police for being investigated by the competent police officer of the concerned police station in the State of Bihar where the alleged offences were committed.

(3.) A counter affidavit has been filed on behalf of the State of Arunachal Pradesh, Superintendent of Police, District- Changlang and the Officer-in-Charge of Miao Police Station being the Respondent Nos. 2, 3 & 4 respectively.