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2019 DIGILAW 92 (JHR)

Md. Salam Parwez v. State of Jharkhand

2019-01-10

SHREE CHANDRASHEKHAR

body2019
JUDGMENT : 1. The petitioner, who is one of the accused persons in Dumka (T) P.S. Case No. 219 of 2013 which has been filed under section 498A read with section 323 IPC and section 3/4 of the Dowry Prohibition Act, seeks transfer of this case from Dumka to a court of competent jurisdiction at Jamshedpur. The stand taken by the petitioner is that no part of the occurrence has taken place within the territorial jurisdiction of the Dumka court and therefore, the court at Dumka has no jurisdiction to try this case. Another ground taken by the petitioner is that the complainant and her family members have issued threats to him and his family members and in this regard an Informatory Petition has been filed on 13.08.2015. 2. In the first instance, the plea founded on Section 177 Cr.P.C. is not applicable in the cases in which investigation is under progress. Chapter-XIII of the Code of Criminal Procedure, 1973 deals with jurisdiction of the criminal courts in inquiries and trials. It has to be kept in mind that section 156(1) provides that any officer in-charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter-XIII, however, sub-section 2 clarifies the position providing that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. 3. In view of the aforesaid provisions, the plea taken on the ground of territorial jurisdiction of the Dumka court must fail. In so far as transfer sought on the ground that there are serious threats to the petitioner and her family members and therefore they would not be able to attend the court proceeding, in view of the various remedies available to the accused under the Code, that by itself cannot be a ground to transfer the proceeding of Dumka (T) P.S. Case No. 219 of 13 corresponding to G.R. No. 1603 of 2013 to a court at Jamshedpur; mere lodging of an Informatory Petition is not sufficient. 4. 4. In view of the aforesaid, finding no merit, Transfer Petition (Cr.) No. 4 of 2015 is dismissed.