The court rejected the argument that an FIR should be quashed solely due to lack of territorial jurisdiction. It directed the registering police station to transmit the FIR to the police station with jurisdiction in Bangalore for investigation.
Directed the Kankipadu Police to transmit the FIR to the concerned Police Station in Bangalore.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.2411 of 2012
Date:17.06.2014
Between:
Shaik Meera Khasim and others.
..... Petitioners.
AND
The States of Telangana and Andhra Pradesh rep by its’ Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana & the State of Andhra Pradesh and another.
.....Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION No.2411 of 2012
ORDER:
This petition is filed to quash First Information Report in Crime No.236/2011 of Kankipadu Police Station, Krishna District for alleged offences under Sections 498-A & 323 IPC.
2. Heard both sides.
3. The main ground on which, First Information Report is challenged that the police have no territorial jurisdiction since the entire allegations in the complaint or in respect of incident that took place at Bangalore. Learned Advocate for petitioner submitted that registering the crime by Kankipadu Police for the incident alleged to have been happened at Bangalore is not correct, therefore, the same has to be quashed.
4. The learned Public Prosecutor submitted that police so far examined six witnesses and the investigation is under progress.
5. I have perused the material papers. A plain reading of complaint, dated 12-09-2011, disclose that the alleged harassment and incident was at Bangalore. No single incident or instance is alleged to have been taken place, within the jurisdiction of Kankipadu Police Station, but the proceedings cannot be quashed on that ground and if the crime is registered in a wrong police station, that has to be transmitted to the police station having jurisdiction for investigation to cull out truth. Considering the facts of the case and nature of allegations, I feel that directing the Kankipadu Police to transmit the F.I.R to the concerned Police Station in Bangalore, after obtaining necessary orders from competent authority for investigation to enable them to file final report after ascertaining the truth or otherwise of the complaint allegations.
6. With this direction, Criminal Petition is disposed of.
_________________________
JUSTICE S. RAVI KUMAR
Date:17.06.2014 mrb
2 issues framed by the court
Whether a criminal petition can be dismissed solely on the ground of territorial jurisdiction when the crime is alleged to have occurred in a different police station's jurisdiction.
Whether an FIR registered by a police station without territorial jurisdiction should be quashed or transmitted to the correct police station.
Shaik Meera Khasim
The States of Telangana and Andhra Pradesh
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
