Case Note & Summary
The petitioner, Smt. K.A. Priyanka, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking a writ of mandamus to direct the transfer of investigation in Crime No.206/2020 from the Shahapur police station to the Ballari women police station and to reopen FIR in Crime No.82/2020. The petitioner alleged that she was married to Shashikantha Ikur and after marriage went to her husband's house at Shahapur. She claimed that offences under Sections 498A, 504, 323, 506 read with Section 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, were committed. The court, after hearing the petitioner's counsel and the High Court Government Pleader, found that the petitioner failed to demonstrate any jurisdictional error or illegality in the registration of the FIR at Shahapur. The court observed that the petitioner's remedy, if any, lies before the appropriate forum and not by way of a writ of mandamus. Consequently, the petition was dismissed.
Headnote
A) Criminal Procedure - Transfer of Investigation - Writ of Mandamus - Articles 226, 227 of Constitution of India, Section 482 CrPC - Petitioner sought transfer of investigation of Crime No.206/2020 from Shahapur to Ballari and reopening of Crime No.82/2020 - Court held that no jurisdictional error was shown and dismissed petition - Held that writ of mandamus cannot be issued to direct transfer of investigation without establishing illegality or jurisdictional error (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the transfer of investigation from Shahapur police station to Ballari women police station and reopening of FIR registered at Ballari.
Final Decision
The writ petition is dismissed.
Law Points
- Writ of mandamus
- Transfer of investigation
- Jurisdiction of police to investigate
- Section 482 CrPC
- Articles 226 and 227 of Constitution of India
Case Details
2020 LawText (KAR) (09) 125
Writ Petition No.226407/2020 (GM, RES)
Sri Arunkumar Amargundappa (for petitioner), Sri Mallikarjun Sahukar (HCGP for respondents)
The Superintendent of Police, Kalaburagi and others
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Nature of Litigation
Writ petition seeking transfer of investigation and reopening of FIR in a domestic violence case.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents 3 and 4 to retransmit case file of Crime No.206/2020 from Shahapur to Ballari women police station and to reopen FIR in Crime No.82/2020.
Filing Reason
Petitioner alleged that after marriage she went to her husband's house at Shahapur and offences under IPC and Dowry Prohibition Act were committed; she wanted investigation transferred to Ballari.
Issues
Whether the petitioner is entitled to a writ of mandamus for transfer of investigation from Shahapur to Ballari.
Whether the petitioner has shown any jurisdictional error or illegality in the registration of FIR at Shahapur.
Submissions/Arguments
Petitioner argued that the investigation should be transferred to Ballari women police station and FIR in Crime No.82/2020 should be reopened.
Respondents (through HCGP) opposed the petition.
Ratio Decidendi
A writ of mandamus cannot be issued to direct transfer of investigation without establishing any jurisdictional error or illegality in the registration of FIR. The petitioner's remedy, if any, lies before the appropriate forum.
Judgment Excerpts
It is stated that the petitioner was given in marriage to the one Shashikantha Ikur and after marriage the petitioner went to her husband’s house at Shahapur to lead marital life.
The petitioner has not made out any case to issue writ of mandamus as sought for. Accordingly, petition is dismissed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 CrPC seeking transfer of investigation and reopening of FIR. The petition came up for preliminary hearing and was dismissed.
Acts & Sections
- Constitution of India: Article 226, Article 227
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Section 498A, Section 504, Section 323, Section 506, Section 34
- Dowry Prohibition Act, 1961: Section 3, Section 4
