The Single Bench of the Delhi High Court in the case of Jolly Singh vs The State consisting of Justice Jasmeet Singh held that once the Magistrate passes an order directing the investigation, it is not open to the police to raise objections regarding territorial jurisdiction.
Facts
This petition sought to overturn the Addl. Commissioner of Police (Crime)'s order transferring FIR 105/2019 to PS Surajpur, Greater Noida, U.P.
The petitioner complained to PS Model Town about the accused. According to the complaint, the accused abducted the petitioner, took him to Noida to finalize an import agreement, and stole Rs. 50,000. He was also unjustly arrested at Surajpur and persuaded to give Rs. 5.75 crores in cheques. After his complaint was ignored, the petitioner filed a petition u/s 153 CrPC in Rohini.
Procedural History
The learned Metropolitan Magistrate (MM), Delhi, ordered the SHO to file a FIR against the wrongdoers in suitable parts of the law, without being swayed by the complaint's section. PS Model Town, Delhi, registered the FIR per the directive. The learned MM ordered the ACP to guarantee a fair, proper, and expeditious investigation. During the investigation, the ACP shifted it to Surajpur Police Station in Noida, UP.
Contentions Made
Petitioner: The Additional Commissioner of Police (Crime) had no authority to transfer the probe out of Delhi, especially when the learned MM, Delhi, issued the FIR directives and is overseeing the investigation. The probe was shifted without informing the Ld. MM or the petitioner and without a chance to be heard.
Respondent: It was contended that because no cause of action or incident was related to any place in Delhi, therefore, the case was transferred to UP Police for further investigation of where the jurisdiction lies.
Observations of the Court
The Bench perused Section 156 CrPC and opined that section 156 (3) gives the Magistrate the power to order an investigation, ensure it's fair, and direct the police to do their jobs.
Relying on various cases, it further opined that in this case, the magistrate ordered an investigation under section 156(3). When the learned MM issued investigative orders, the respondent could challenge to territorial jurisdiction. Once a magistrate orders an investigation, the police cannot object to territorial jurisdiction. In this case, the Additional Commissioner of Police shifted the investigation to Greater Noida, UP. Only a superior court can reconsider MM's order. In this case, the Additional Commissioner of Police did not oppose the MM's order legally but instead bypassed the court's order by moving the probe to Surajpur, Greater Noida, UP. By issuing the challenged order, the ACP operated as an appellate court.
It also noted that the petitioner complained on 05.12.2018 to PS Model Town and on 01.01.2019 to ACP, DCP, and CP. Hence, a part of the cause of action arose in Delhi. The learned MM in Delhi can take cognizance of the offense and direct the investigation to PS Model Town.
Judgment
The Bench found that the Additional Commissioner of Police (Crime)'s order to move the inquiry from PS Model Town, Delhi to PS Surajpur, Noida was unlawful and should be reversed. The petition was approved, and the ACP (Crime)'s order was quashed.
Case: Jolly Singh vs The State
Citation: W.P.(CRL) 137/2021
Bench: Justice Jasmeet Singh
Decided on: 7th December 2022
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