NARESH KAVARCHAND KHATRI versus STATE OF GUJARAT & ANR.

Citation: [2008] 7 S.C.R. 1102 · Decided: 08-05-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
B 
[2008] 7 S.C.R. 1102 
NARESH KAVARCHAND KHATRI 
v 
STATE OF GUJARAT & ANR. 
(Criminal Appeal Nos. 839 of 2008) 
MAY 8, 2008 
(S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.) 
Code of Criminal Procedure, 1973 - ss. 156 and 157 -
Investigation - Transfer of - FIR filed at Vadodara Police 
c Station - High Court transferring the investigation to Waghodia 
Police Station where institution situated against which FIR filed 
- Order passed just after four days of filing FIR - Correctness 
of - Held: FIR prima facie shows that part of cause of action 
arose within territorial jurisdiction of Vadodara Police Station 
0 - At such an early stage, investigation could not be directed 
to be transferred when Waghodia Police Station where ' 
institution situated, is within jurisdiction of Vadodara - Thus, a 
E 
fit case to exercise jurisdiction ul Article 136 - Order of High 
Court as also charge sheet filed by Waghodia Police Station 
set aside - Constitution of India, 1950 - Article 136. 
On 23.12.2006, the appellant lodged FIR before the 
Police Station, Vadodara City, under the Penal Code 
against the respondents for canceling the admissions of 
first informant's child in their institution after collecting a 
F huge amount. The Vadodara Police initiated investigation. 
'( 
On 26.12.2006 applications were filed before High Court 
for transfer of investigations. However, the informant was 
not impleaded as a party and no notices were issued. On 
28.12.2006, High Court transferred the investigation to 
G another police station within whose jurisdiction the 
institution was situated. Hence, the present appeals. 
H 
Allowing the appeals, the Court 
HELD: 1.1 The power of the court to interfere with an 
1102 
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NARESH KAVARCHAND KHATRI v. STATE OF 
GUJARAT & ANR. 
1103 
investigation is limited. In terms of s. 156 Cr.P.C. the police 
authorities exercise a statutory power. The Code of 
Criminal procedure has conferred power on the statutory 
authorities to direct trFlnsfer of an investigation from one 
Police Station to another in the event it is found that they 
do not have any jurisdiction in the matter. The Court 
should not interfere in the matter at an initial stage in 
regard thereto. If it is found that the investigation has been 
conducted by an Investigating Officer who did not have 
any territorial jurisdiction in the matter, the same should 
be transferred by him to the police station having the 
requisite jurisdiction. [Para 5] [1106-D,E,F] 
1.2 It is of some significance that the High Court 
exercised its jurisdiction even without notice to the 
petitioner. The investigation has to be carried out on the 
basis of the allegations made. The first informant is 
required to be examined; statements of his witnesses 
were required to be taken; accused were also required to 
be interrogated. The undue haste with which High Court 
exercised its jurisdiction should not be encouraged. 
Whether an officer incharge of police station has the 
requisite jurisdiction to make investigation or not will 
depend upon a large number of factors including those 
contained ins. 177, 178 and 181 Cr.P.C. In a case where a 
trial can be held iri any of the places falling within the 
purview of the aforementioned provisions, investigation 
can be conducted by the officer in-charge of the police 
station which has jurisdiction to investigate in relation 
thereto. [Para 6] [1106-G,H, 1107-A,B] 
1.3 Investigation has been carried out by the officer 
incharge of Police Station Waghodia only pursuant to the 
order of the High Court. If the order of the High Court is to 
be set aside, the investigation must be held to have been 
carried out without any jurisdiction. The concern is not 
with the quality of the investigation but the effect of the 
order passed by the High Court. It is not known as to 
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1104 
SUPREME COURT REPORTS 
[2008] 7 S.C.R. 
A whether proper investigation, has in fact been considered 
at by the court or not. [Para 9) [1109-D,E,F] 
1.4 The FIR prima facie shows that a part of cause of 
jurisdiction arose within the territorial jurisdiction of 
B Vadodara Police Station. It cannot be understood as to 
how at such an early stage, the investigation should have 
.4 
been directed to be transferred, having regard to the fact 
that Waghodia Police Station where the 'institution' in 
question is situated is within the jurisdiction of Vadodara 
c 
(District) and is, therefore, not a case where the accu

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