B.L. KOLI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE only question raised in this petition is regarding territorial jurisdiction to register the FIR and investigation of an offence, which had taken place at Delhi.

(2.) IT is stated by the learned Counsel for the petitioner that the Investigating Agency has no territorial jurisdiction to investigate an offence, which took place outside their territorial jurisdiction. In the present matter while lodging the FIR, it was clearly indicated that occurrence took place at Delhi and further indicate the distance therein from the place of police station. Ignoring the aforesaid, the investigation in the matter pursuant to the FIR started. The only reason seems to be that petitioner was posted at Sikar at the time when the FIR was lodged but the place of working has no relevance to address the issue of territorial jurisdiction inasmuch as aforesaid is to be decided based on place of occurrence. In view of the aforesaid, the FIR deserves to be quashed and set aside. A reference of Section 4 of Prevention of Corruption has been given to show that such a case can be tried by the Special Judge. As per the Section 4(2) the Special Judge can try a case, which was committed within its territorial jurisdiction. Since, the offence took place outside the territorial jurisdiction of the Special Judge; hence even the trial pursuant to the investigation would not be possible. Looking to the aforesaid also, the FIR deserves to be quashed and set aside.

(3.) I have considered the submissions made by the learned Counsel for the parties and given my thoughtful consideration on the issues.