Case Note & Summary
The petitioner, Deepak Kumar P. Shenvi, proprietor of M/s. Meghadoot Exim International, filed two writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking transfer of FIR No.118/2011 dated 5.3.2011 and FIR No.206/2011 dated 21.4.2011, both registered at Chatursingi Police Station, Pune, Maharashtra, to Ankola Police Station or Karwar Police Station in Uttara Kannada District, Karnataka. The petitioner alleged that the complaints were filed by Jayant Madhav Pawar, representing Metachem Manufacturing Co. Pvt. Ltd., and Akbar Sayyad Mohammed Arbiyan, and that the FIRs were related to a business dispute. The respondents included the State of Maharashtra, Commissioner of Police Pune, Inspector of Police Chatursingi Police Station, Metachem Manufacturing Co. Pvt. Ltd., and Akbar Sayyad Mohammed Arbiyan. The court, after hearing the petitioner's counsel, observed that the FIRs were registered in Pune, Maharashtra, and the petitioner sought transfer to Karnataka. The court held that no part of the cause of action arose within the territorial jurisdiction of the High Court of Karnataka, as the FIRs were registered in Maharashtra and the alleged incidents occurred there. Consequently, the court dismissed the petitions for lack of territorial jurisdiction, noting that the petitioner could approach the appropriate court in Maharashtra for any relief.
Headnote
A) Criminal Procedure - Transfer of FIR - Territorial Jurisdiction - Section 482 CrPC, Articles 226 and 227 of Constitution of India - Petitioner sought transfer of FIRs registered in Pune, Maharashtra to police stations in Karnataka - Held that the High Court of Karnataka lacks territorial jurisdiction as the cause of action arose entirely within Maharashtra and no part of it arose within Karnataka - Petition dismissed (Paras 1-3).
Issue of Consideration
Whether the High Court of Karnataka has territorial jurisdiction to entertain a petition seeking transfer of FIRs registered in Maharashtra to a police station in Karnataka.
Final Decision
The court dismissed both writ petitions for lack of territorial jurisdiction, holding that no part of the cause of action arose within the jurisdiction of the High Court of Karnataka.
Law Points
- Transfer of criminal cases
- Territorial jurisdiction
- Section 482 CrPC
- Articles 226 and 227 of Constitution of India
