K.A.Priyanka vs The Superintendent of Police, Kalburgi. Writ Petition 226407/2020. Decided on 25 September 2020. Justice Hanchate Sanjeevkumar.
Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343068/1/WP226407-20-25-09-2020.pdf
Relevant Paragraphs : Paragraph 6. Regarding controversy involved into the case, the relevant provisions has to be considered Sections 177, 178 and 179 of Cr.PC. stipulate as follows.“177. Ordinary place of inquiry and trial– Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. 178. Place of inquiry of trial- (a) When it is uncertain in which of several local areas an offence is committed, or (b) where an offence is committed partly in one local area and partly in another, or (b) where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it 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. 179 .Offence triable where act is done or consequence ensues.- When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within shoes local jurisdiction such thing has been done or such consequence has ensued.”
7. In Priti Kumari’s case the Hon’ble Supreme Court has followed the previous judgment of the Hon’ble Supreme Court in Rupali Devi’s V/s State of Uttar Pradesh and others, (2019) 5 SCC 384. Hence formed opinion that the transfer of the complaint and FIR from jurisdiction of one police station to another jurisdiction police station is not correct, since the offences under Section 498-A is having continuously effect, even the complainant is residing / taking shelter in parents’ home or under shelter of anybody else where the complainant is residing and lodged complaint, then those concerned police have power to conduct the investigation.
8. I place reliance on the decision of Hon’ble Supreme Court in Rupali Devi’s case (supra). In the above stated case, the question for determination was observed as follows: – “Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members?” .
10…the Hon’ble Supreme Court in the above said judgment ultimately were pleased to lay down the law which is at para No.16. “16. We, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the Penal Code.”
11…the mental trauma out of the said cruelty as observed by the Hon’ble Supreme Court is having continuing effect, therefore the Ballary Women Police Station have jurisdiction to entertain the complaint and competent enough and having jurisdiction to investigate into the matter and to file final report. But without doing so the Ballary Women Police Station have transferred the complaint and FIR to the Shahapur Police Station is not correct as per the principle of law laid down by the Hon’ble Supreme Court in Rupali Devi’s case (supra). Therefore, the present petition succeeds and accordingly the respondent police are hereby directed that the complaint and FIR registered in the Ballary Women Police Station shall be revived and respondent Nos.2, 5 and 6 shall continue the investigation in Crime No.82/2020 of Ballary Women Police Station and file final report as per law. Therefore, it is directed the respondent Nos.3 and 4 to retransfer the complaint and FIR to the Ballary Women Police Station as stated above as per observations made. Accordingly, the petition is allowed.
Compiled by S.Basavaraj, Daksha Legal
Daksha Legal 