Case Note & Summary
The petitioner, Ketkee w/o Bharat Pathak, filed Criminal Writ Petition No. 658 of 2021 before the Bombay High Court, Nagpur Bench, challenging the transfer of her First Information Report (FIR) No. 0137 dated 5 February 2021 from Ram Nagar Police Station, Chandrapur to Chaturshrungi Police Station, Pune. The FIR was lodged under Sections 377, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860, against her husband, Bharat Pathak, and his relatives. The petitioner alleged that after her marriage on 30 June 2018 at Chandrapur, she was subjected to cruelty and dowry harassment by her husband and in-laws. She stated that at the time of marriage, her father had given gold, silver, and cash of Rs. 1,00,000 as demanded, and bore the entire marriage expenses. After she moved to her matrimonial home, her husband and his relatives constantly taunted her for bringing insufficient dowry and demanded more money for purchasing a plot in Pune. The petitioner further alleged that her husband physically assaulted her, threatened to kill her, showed her pornographic videos, and forced her to have unnatural sex, causing severe physical and mental trauma. Despite her pregnancy, the harassment continued unabatedly. The FIR was transferred by the authorities at Ram Nagar Police Station to Chaturshrungi Police Station, Pune, purportedly because they believed they lacked jurisdiction. The petitioner contended that this transfer was based on a mistaken notion of want of jurisdiction, as the marriage and certain consequences of the offences had occurred within the territorial limits of Chandrapur. The High Court heard the parties and issued rule, making it returnable forthwith with the consent of the learned counsel for the petitioner and the State. The substantive issues regarding the validity of the transfer and the proper investigating agency were yet to be finally adjudicated in the available excerpt of the judgment.
Issue of Consideration
Whether the transfer of FIR No. 0137/2021 from Ram Nagar Police Station, Chandrapur to Chaturshrungi Police Station, Pune, on the ground of lack of jurisdiction, was legally justified.
Case Details
2021 LawText (BOM) (11) 70
Criminal Writ Petition No.658 of 2021
M.S. Sonak, Pushpa V. Ganediwala
Shireen Priya Meghe, S.S. Doifode
Ketkee w/o Bharat Pathak (erstwhile Ketkee d/o Dattatraya Nirmal)
State of Maharashtra, through P.S.O., Ramnagar Police Station, Chandrapur; District Superintendent of Police, District-Chandrapur; P.S.O., Chaturshrungi Police Station, Pune
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Nature of Litigation
Criminal writ petition challenging the transfer of an FIR from Ram Nagar Police Station, Chandrapur to Chaturshrungi Police Station, Pune.
Remedy Sought
Petition seeks to quash the transfer of FIR No. 0137/2021 and to direct investigation by the Ram Nagar Police Station, Chandrapur.
Filing Reason
The petitioner alleges that respondent no. 1 transferred the FIR based on a mistaken notion that the Chandrapur police lacked jurisdiction to investigate the offences alleged.
Issues
Whether the transfer of FIR No. 0137/2021 from Ram Nagar Police Station, Chandrapur to Chaturshrungi Police Station, Pune, on the ground of lack of jurisdiction, was legally justified.
Judgment Excerpts
the petitioner challenges the action of respondent no.1 transferring FIR No.0137 dated 5.2.2021 registered at Ram Nagar Police Station, Chandrapur to Chaturshrungi Police Station, Pune, on the mistaken notion that the Police Station Authorities at Chandrapur had no jurisdiction to investigate into the offenses alleged
the complaint alleges that Bharat used to regularly beat the petitioner and even threatened to kill her. The complaint also alleges that Bharat used to return home late at night, show the petitioner pornography videos, physically assault the petitioner, and used to have unnatural sex, thereby physically and mentally torturing her regularly.
Procedural History
Petitioner lodged FIR No. 0137/2021 on 5 February 2021 at Ram Nagar Police Station, Chandrapur, under Sections 377, 498-A, 504, 506 read with 34 of the Indian Penal Code. The FIR was transferred to Chaturshrungi Police Station, Pune. Aggrieved, the petitioner filed Criminal Writ Petition No. 658 of 2021 before the Bombay High Court, Nagpur Bench. On 25 November 2021, the High Court heard the parties and issued rule, making it returnable forthwith.
Acts & Sections
- Indian Penal Code, 1860: 377, 498A, 504, 506, 34
