IMPORTANT POINT
The Code of Criminal procedure has conferred power on statutory authorities to direct transfer 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.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether the High Court has the requisite jurisdiction to transfer an investigation from one Police Station to another is the core question involved in these two appeals which arise out of judgment and order dated 28.12.2006 in Special Criminal Appeal Nos.2272 and 2271 of 2006.

3. Appellant lodged a First Information Report before the detective Crime Branch, Police Station, Vadodara City under Sections 406, 420 and 120B of the Indian Penal Code against the respondents. According to the appellants, the respondent had assured that the child of the first informants would be admitted in their institution and on that pretext, collected a huge amount from them. The children of the first informant took admission after depositing the admission fee and miscellaneous charges etc. However, their admission was later on cancelled.

4. The FIR was lodged on 23.12.2006. Vadadora Police initiated the investigation. Applications for transfer of investigation were filed before the High Court. On 28.12.2006, the High Court passed the impugned order in the following terms :

“Rule. Mr.P.D. Bhate Ld. APP waive service on behalf of opponent State. At the joint request of the parties the matter is taken up for final hearing today. By way of these petitions the petitioner has prayed to transfer the Investigation of complaint being ICR No.89 of 2006 and 90/2006 registered with DCB Police Station, Vadodara city to another police station having territorial jurisdiction or to CID Crime or any other independent agency. Heard the Ld. Counsel for the parties Ld.APA has stated that respondent State has no objection if the complaint in question is transferred to some authority as prayed for.

In that view of the matter Complaint No.ICR 89 of 2006 and 90 of 2006 registered with DCB Police Station, Vadodara city are ordered to be transferred to another police station within whose jurisdiction the institution is situated. With the said direction, the petition stand disposed of. Rule is made absolute.”

5. The informant was not impleaded as a party therein. No notice was issued on the said appeals. No reason has been assigned. The Court did not advert to the question as to whether it had any jurisdiction to pass the said order. Why such a concession was made by the learned APP on the very first day of hearing is not known. The power of the court to interfere with an investigation is limited. The police authorities, in terms of Section 156 of the Code of Criminal Procedure, exercise a statutory power. The Code of Criminal procedure has conferred power on the statutory authorities to direct transfer 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.

6. 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; the accused were also required to be interrogated. The undue haste with which the High Court has exercised its jurisdiction, in our opinion, should not be encouraged. Whether an officer incharge of a police station has the requisite jurisdiction to make investigation or not will depend upon a large number of factors including those contained in Sections 177, 178 and 181 of the Code of Criminal Procedure. In a case where a trial can be held in any of the places falling within the purview of the aforementioned provisions, investigation can be conducted by the concerned officer in-charge of