SANJEEV SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioner Sanjeev Sharma was married to the deceased Romika Sharma D/O Mohinder Kumar Sharma R/O Mohalla Malhotrian Jammu on 10.2.2003. He was working as Engineer with Rainbow Camera E.Pvt.Ltd.Satungal Kathmandu(Nepal). The petitioner and the deceased were staying at Kathmandu. On 14.7.2003 he lodged a report with District Police Office Lalitpur alleging therein that his wife Smt. Romika Sharma has fallen from the roof of the house located in Kathmandu,District Satungal village Development Committee, Ward No. 8 at about 5.30 AM. Due to the fall she sustained severe injuries so he took her to B&B Hospital in the vehicle of Rainbow E.Pvt.Ltd and while undergoing the medical checkup the doctor declared that she was dead. The police of Kathmandu started investigations into the death of the deceased. In the meanwhile it appears that mother of the deceased reached Kathmandu and suspecting the death of the deceased to be a murder, she also lodged an FIR with District Police Officer Kathmandu on 16.7.2003 alleging therein that her daughter had been thrown from the rooftop after having been murdered by the petitioners Nos. 2&3. FIR was registered and investigation was commenced. Postmortem report of the deceased indicated the cause of death to be due to head injury.

(2.) IT appears that before the court of learned Chief Judicial Magistrate Jammu,Sh.Devinder Kumar Sharma, who happens to be the uncle of the deceased, filed a complaint against the accused -petitioners for murder of the deceased at their hands. Learned Chief Judicial Magistrate by his order dated 17.7.2003 forwarded the complaint to Police Station Nowabad Jammu for investigation in terms of Sec.156(3) Cr.P.C. whereupon said police station has registered the FIR for commission of offences U/Ss 302/498 -A,120 -B RPC against the accused petitioners on 18.7.2003 at 13.00 hours. The petitioners have filed this petition U/S 561 -A Cr.P.C. seeking quashing of the said FIR.

(3.) THE case of the petitioners is that the offence has allegedly been committed out side the territorial jurisdiction of the Court of learned C.J.M.Jammu or Police Station Nowabad. Therefore neither the complaint could be sent for investigation by the learned C.J.M. to said police station nor Police Station Nowabad could legally register the FIR for investigation into the offence. Learned counsel for the petitioner submits that registration of FIR being without jurisdiction deserves to be quashed. He further submits that against the same offence two FIRs cannot be registered and investigated simultaneously. e argued that thematter is pending investigation with Kathmandu police He argued that the matter is pendingHe He has argued that the matter is pending investigation before Kathmandu police, therefore, police of Nowabad can also not investigate the case. In support of his contention he relies upon AIR 2001 SC 2637.