The petitioner challenged the transfer of criminal investigation from Asegaon PS to Indraveli PS on the ground of jurisdiction. The Court held the transfer was correct as incidents occurred in Telangana, dismissing the petition as devoid of substance.
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WP305-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.305/2015 (Sau. Gangabai Shersingh Padwal .vs. The State of Maharashtra through PSO, PS. Asegaon, Washim and ors. )
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. R.J. Shinde, Advocate for Petitioner. Mrs. M.H. Deshmukh, APP fro Respondent no.1.
CORAM : B.R. Gavai & Mrs. Swapna S. Joshi, JJ. DATED : April 18, 2016.
The petitioner in effect prays direction to respondent no.1 to complete the investigation on the basis of the first information report registered vide Crime No. 0/2013 with Asegaon Police Station, district Washim for the offence punishable under Section 498-A read with 34 of the Indian Penal Code.
It is the contention of the petitioner that since the first information report is lodged at Asegaon Police Station, respondent no.1 has erred in transferring the investigation to the Police Station Indraveli in Aadilabad district of the State of Telangana.
The perusal of the first information report would reveal that the incidents narrated in the FIR have taken place at Indraveli. There is no incident alleged to have taken place within the jurisdiction of Asegaon Police Station.
In that view of the matter, the Police Station at Asegaon did not have jurisdiction to entertain the FIR and it has rightly transferred the said FIR for further
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WP305-15.odt
investigation to Indraveli Police Station in Aadilabad district of the State of Telangana.
The petition is devoid of substance and as such is dismissed.
JUDGE
JUDGE
halwai
1 issue framed by the court
Whether the High Court should direct the completion of investigation at Asegaon Police Station despite the lack of jurisdiction there.
Gangabai Shersingh Padwal
The State of Maharashtra
B.R. Gavai
Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
