Police Can't Transfer FIR Citing Territorial Jurisdiction After Magistrate's Order Under Section 156(3) CrPC: Delhi High Court

The Delhi High Court has ruled that once a magistrate passes an order under Section 156 (3) CrPC directing registration of FIR on a complaint, it is not open for the police to raise an objection regarding territorial jurisdiction.

Quashing an order passed by an Additional Commissioner of Police whereby the investigation in an FIR alleging abduction was transferred to from Delhi's Model Town police station to Uttar Pradesh's Greater Noida, Justice Jasmeet Singh said:

"Once the order has been passed by the magistrate directing investigation, it is not open to the police to raise objection regarding territorial jurisdiction. In fact, in the present case, the Addl. Commissioner of Police has transferred investigation from Delhi to Greater Noida, U.P. This is tantamount to reviewing the order of MM which only a superior court has the authority to do".

A Delhi resident, Jolly Singh in 2018 had made a complaint to Model Town police station against various accused persons alleging that they abducted him and took him to Noida for finalizing an import deal. It was further alleged that he was illegally detained at Greater Noida's Surajpur and was also coerced to issue cheques worth Rs. 5.75 crores.

After no action was taken on his complaint, Singh moved an application before the concerned court at Rohini. An FIR was ordered to be registered in Model Town police station. However, during investigation, the Additional Commissioner of Police transferred the FIR to Greater Noida on November 11, 2020.

It was the case of the petitioner that the transfer was contrary to law and that the ACP had no authority to transfer the investigation out of his jurisdiction especially when the directions for registration of FIR were issued by the court which is also monitoring the probe.

The prosecution in response said that there were already two criminal cases and seven other cases under Negotiable Instruments Act pending between the parties. It was stated that the seven cases under NI Act were pending in Noida and the other two FIRs were also pending in Noida, which were eventually cancelled.

"The alleged incident had taken place in PS Surajpur, Noida and that the investigation which was carried out did not establish any abduction of the petitioner from Delhi to Noida because the petitioner himself drove down to Noida. As a result, the case file was transferred vide order No. 517/ So/ Addl. CP/ Crime(HQ) dated 02.12.2020 of Addl. Commissioner of Police, Crime to the DGP, UP Police, Lucknow," Delhi Police said in response.

Setting aside the order of the Additional Commissioner of Police, Justice Singh said no objection regarding territorial jurisdiction was taken by the police when the MM directed registration of the FIR.  

"In the present case, the Addl. Commissioner of Police has not challenged the order of MM in accordance with law, but has rather circumvented the order passed by a court of competent jurisdiction by transferring the investigation to Surajpur, Greater Noida, UP. The Addl. Commissioner of Police, by issuing the impugned order has acted as an appellate court," said the court.

Title: JOLLY SINGH v. THE STATE

Citation: 2022 LiveLaw (Del) 1157

Click Here To Read Order