SUPREME COURT & HIGHCOURT Rulings on POLICE

1.1 : TERRITORIAL JURISDICTION AND POWER OFINVESTIGATION.Satvinder Kaur vs State (Govt. of NCT of Delhi)*FactsHeldThe appellant was married with respondent at Delhi on 09.12.1990. A daughter wasborn on 19.12.1991. The appellant was thrown out of matrimonial home in Patiala on19.01.1992 and at that time she had only wearing apparel. Complaint was lodged by herat Kotwali P.S., Patiala on the same day making various allegations of torture anddowry demand against her husband and his family members. Thereafter she came tolive with her parents at Delhi. Threats by her husband continued here also. A complaintwas lodged against her husband in the Women's Cell, Delhi on 30.04.1992. Afterpreliminary investigations, the impugned F.I.R. under sections 406 and 498 IPC wasregistered at P.S. Paschim Vihar, New Delhi, on 23.01.1993 for the alleged occurenceat Patiala. Thereafter, the respondent filed petition under section 482 Cr. P.C. forquashing the F.I.R. in Delhi High Court. The High Court arrived. at the conclusion thatthe SHO P.S. Paschim Vihar was not having territorial jurisdiction to entertain andinvestigate, the F.I.R. lodged by the appellant because the alleged dowry items wereentrusted to the respondent at Patiala that the alleged cause of action for the offencepunishable under Section 498-A Indian Penal Code arose at Patiala.The findings given by the High Court are, on the face of it, illegal and erroneousbecause:(1) The Se has statutory authority under Section 156CrPC to investigate any cognizablecase for which an FIR is lodged.(2) At the stage of investigation, there is no question of interference under Section 482CrPC on the ground that the investigating officer has no territorial jurisdiction.(3) After investigation is over, if the investigating officer arrives at the conclusion that thecause at action for lodging the FIR has not arisen within his territorial jurisdiction, thenhe is required to submit a report accordingly under Section 170 CrPC and to forwardthe. case to the Magistrate empowered to take cognizance' of the offence. (Para 8)It is true that territorial jurisdiction also is prescribed under sub-section(1)of Section156 to the extent that the officer can investigate any cognizable case which*(1999) 8 see 728