2004 (11) TMI 622

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....l Procedure with the prayer to quash the aforesaid FIR and restrain the respondents from taking any action in pursuance thereof. 2. The facts relevant for the disposal of this petition, briefly stated, are that the petitioners are residents of Raj Nagar, Ghaziabad, U.P. Petitioner No. 3, who is the son of petitioners No. 1 & 2, was married to Ms.Sarabpreet Kaur, respondent No. 3, a resident of Delhi. On account of some matrimonial disputes between petitioner No. 3 and respondent No. 3, FIR No. 474/2003 dated 9.7.2003 was registered at PS Kavi Nagar, Ghaziabad, U.P. on the basis of a complaint filed by respondent No. 3. The said FIR was transferred to Delhi and thereafter, registered as FIR No. 375 of 2003 at PS Shahdara, Delhi. The petit....

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...., Delhi is without jurisdiction, illegal and actuated with malafides of the complainant to blackmail and pressurize the petitioners. 4. In the Status Report filed on behalf of the State, it is stated that the FIR No. 474/2003 registered at PS Kavi Nagar, Ghaziabad, was transferred to Delhi as the complainant was apprehending danger to her life while going to U.P. to attend the case. It is also pointed out that the FIR lodged at Kavi Nagar, Ghaziabad disclosed that after coming back from Bahrain, the husband of the complainant had brought her to her parental house at Shahdara, Delhi and asked her parents that she should be sent to her matrimonial home only when they were able to give Rs.3 lacs. On 9.7.2003, when the complainant went to he....

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....rned counsel for respondent No. 3 argue that the FIR in question was merely forwarded by Ghaziabad Police to Delhi on the request of the complainant and for the reason that part of cause of action had arisen within the jurisdiction of Delhi Courts and as such, no illegality or irregularity had been committed. It is submitted that the FIR remains the same and only its number has been changed so that it is registered at the concerned Police Station and investigations are carried out in accordance with law. They rely upon the judgment of Satvinder Kaur V. State & Anr.(supra) as well as the judgment in "Sukhjinder Singh V. State" 2001CriLJ4764 to contend that there was nothing wrong in forwarding the FIR to Delhi Police and its registration and....

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....he offence was partly committed, so that further investigations and trial may take place in that area. In the case of murder as mentioned above, if FIR is lodged at place "C" but the Investigating Officer is of the view that the investigations and trial should be at place "A" or "B" where the main offence was committed or where the witnesses and evidence are readily available or more effective investigations can be conducted by the Police of those areas, he may forward the case to the Police Stations of those areas. It is not necessary that Investigating Officer forwarding the case should find that no part of cause of action had taken place within his jurisdiction inasmuch as where an offence is partly committed at one place and partly at a....

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.... jurisdiction of Delhi Courts also and the complainant was requesting Ghaziabad Police to send her case to Delhi, there was nothing wrong if the FIR was forwarded to PS Shahdara and was registered as FIR No. 375/2003. If no part of cause of action had arisen within the jurisdiction of PS Shahdara, the things would have been otherwise. 10. It is not understandable as to what prejudice the accused-petitioners would suffer if instead of Ghaziabad Police, the Police at Delhi carries out the investigations and the case is tried by Delhi Courts. It appears that the petitioners are trying to bring respondent No. 3 under pressure by making her pursue the case in U.P. as they know that she and her parents are residents of Delhi and it would be di....