SATVINDER KAUR versus STATE (GOVT. OF N.C.T. OF DELHI) AND ANR.

SATVINDER KAUR versus STATE (GOVT. OF N.C.T. OF DELHI) AND ANR.

The High Court erred in quashing the FIR at the stage of investigation on the ground of lack of territorial jurisdiction; the police officer has statutory authority to investigate any cognizable offence for which FIR is lodged, and questions of territorial jurisdiction are to be decided after investigation, not as a bar to investigation.

Parties
Appellant: Satvinder Kaur; Respondent No. 1: State (Govt. of N.C.T. of Delhi); Respondent No. 2: Rajinder Singh
Jurisdiction
India
Judgment Date
05 October 1999
Procedural Posture
Criminal Appeal / Appeal From Quashing of FIR by Delhi High Court
Outcome
Appeal allowed
Legal Topics
Quashing of FIR, Territorial Jurisdiction, Police Investigation, Dowry Complaint, Section 482 Cr PC
Criminal Law Criminal Procedure Quashing of FIR Territorial Jurisdiction Police Investigation Dowry Complaint Section 482 Cr PC

Case Brief

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Parties

Satvinder Kaur

Appellant

State (Govt. of N.C.T. of Delhi)

Respondent No. 1

Rajinder Singh

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Quashing of FIR by Delhi High Court

Legal Issues

  1. 1 Whether the High Court was justified in quashing the FIR on the ground that police had no territorial jurisdiction to investigate the offence.
  2. 2 Can police refuse to investigate or record an FIR on the ground of lack of territorial jurisdiction?
  3. 3 Scope for interference under Section 482 CrPC at the stage of investigation based on territorial jurisdiction.

Ratio Decidendi

The High Court erred in quashing the FIR at the stage of investigation on the ground of lack of territorial jurisdiction; the police officer has statutory authority to investigate any cognizable offence for which FIR is lodged, and questions of territorial jurisdiction are to be decided after investigation, not as a bar to investigation.

Court Disposition

Appeal allowed

Orders

  • Order of Delhi High Court quashing the FIR is set aside.
  • Investigating officer is directed to complete the investigation as early as possible.