TaxTMI 
TaxTMI 
TaxTMI 
2022 (12) TMI 1488
X X X X Extracts X X X X
X X X X Extracts X X X X
....against the accused persons vide Complaint No. LC-1844 dated 05.12.2018. As per the complaint, it is stated that the accused persons abducted the petitioner and took him to Noida for finalizing an import deal where there was extortion and he was also robbed of Rs. 50,00,000. It is further stated that he was illegally detained at Surajpur and was also coerced to issue cheques worth Rs. 5.75 crores. When no action was taken on his complaint, the petitioner moved an application under section 153 Cr.PC before the concerned court at Rohini. 3. The Court of the learned Metropolitan Magistrate (MM), Delhi on 11.03.2019 passed an order stating "5. From the allegations and material available on record, clearly cognizable offence is made out and mat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Report filed by the respondent which indicates that there were already two criminal cases and seven cases under Negotiable Instruments Act pending between the parties. The seven cases under NI Act are pending in Gautam Budh Nagar, Noida and the other two FIRs which were also pending in Noida have already been cancelled. It further states that the alleged incident had taken place in PS Surajpur, Noida and that the investigation which was carried out did not establish any abduction of the petitioner from Delhi to Noida because the petitioner himself drove down to Noida. As a result, the case file was transferred vide order No. 517/ So/ Addl. CP/ Crime(HQ) dated 02.12.2020 of Addl. Commissioner of Police, Crime to the DGP, UP Police, Lucknow. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....h constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try." 13. In the present case, the metropolitan magistrate while exercising his powers under section 156(3) directed investigation into the complaint. It was open to the respondent to raise objections with regard to territorial jurisdiction at the time when directions were issued by the learned MM directing investigation. Once the order has been passed ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....not be questioned on the ground of jurisdiction of the officer to conduct such investigation. It was open to the learned Magistrate to direct an investigation under Section 156(3) Cr.P.C. without taking cognizance on the complaint and where an investigation is undertaken at the instance of the Magistrate a Police Officer empowered under Sub-section (1) of Section 156 is bound, except in specific and specially exceptional cases, to conduct such an investigation even if he was of the view that he did not have jurisdiction to investigate the matter. 33. .. we are only required to consider whether the investigating officer in respect of an investigation undertaken under Section 156(3) CrPC can file a report stating that he had no jurisdiction t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the Court having jurisdiction over any of such local areas may inquire into or try such an offence. 20.3. Where an offence is committed partly in one area and partly in another, it may be inquired into or tried by a court having jurisdiction over any of such local areas. 20.4. In the case of a continuing offence which is committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas. 20.5. Where an offence consists of several acts done in different local areas it may be inquired into or tried by a court having jurisdiction over any of such local areas. (Numbers 2 to 5 are traceable to Section 178) 20.6. Where something is an offence by reason of the act done, as well as t....