Territorial jurisdiction over FIR transfer upheld where part of the alleged offence and related events had nexus with Delhi.

Where an offence is alleged to have been committed partly in one area and partly in another, the investigating agency may forward the FIR to the police station having territorial nexus with the part of the offence or cause of action that arose there. The Court treated the transfer of the same FIR from Ghaziabad to Shahdara, Delhi as permissible because part of the matrimonial transaction and subsequent events were linked to Delhi, and the complainant had sought transfer. It further held that the matter was not a second FIR but a transfer of the existing FIR for investigation by the police having territorial competence, so the challenge to jurisdiction and the prayer to quash failed.

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Issues: Whether the FIR registered at Shahdara, Delhi, pursuant to transfer from Ghaziabad, was without jurisdiction, illegal, or liable to be quashed for want of territorial competence.

Analysis: The Court held that where an offence is stated to have been committed partly in one area and partly in another, the investigating agency may forward the FIR to a police station having jurisdiction over the place where part of the offence or cause of action arose. The power is not confined to situations where no part of the cause of action arose at the place where the FIR was first lodged. Since the material showed that part of the alleged matrimonial transaction and subsequent events had nexus with Delhi, and the complainant requested transfer, the forwarding of the FIR to Shahdara was treated as permissible. The Court further held that this was not a case of a second FIR but only of transfer of the same FIR for investigation by the police having territorial connection.

Conclusion: The challenge to the transfer and registration of the FIR at Shahdara, Delhi, failed and the prayer to quash the FIR and stop further investigation was rejected.

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