FIR under Section 174 Cr.P.C. cannot be registered for deaths occurring outside the jurisdiction of India, rendering any subsequent investigation invalid.

JUDGMENT :

1. The petitioners are arraigned as accused Nos.2 and 3 in Cr.No.21 of 2023 on the file of CID Police, Mangalagiri, Andhra Pradesh. Crl. P No.1351 of 2024 is filed by accused No.2 challenging the notice issued under Section 1 75 of Cr.P.C., Crl. P No.1191 of 2024 is filed by accused No.3 challenging the notices issued under Section 1 75 of Cr.P.C., in Cr.No.21 of 2023. Crl. P No.10081 of 2023 is filed by accused Nos.2 and 3 seeking quash of Cr.No.21 of 2023 on the file of CID Police Station, Mangaligiri, Andhra Pradesh.

2. The facts are peculiar in Crime No.21 of 2023. The petitioners are the parents of the accused No.1. The de-facto-complainant's son and the accused No.1 were married in December, 2016 at Guntur and soon after marriage the de-facto-complainant's son and the daughter of the petitioners left for U.S.A. It is alleged that the accused No.1 was not considering the de-facto-complainant family members and also holding out threats of implicating them in cases. It is also alleged that the accused No.1 was also holding out of threats to the daughter of the de-facto-complainant who was also staying in U.S.A. Other allegations relating to the nonadjustable character of accused No.1 are levelled in the complaint.

3. It is also alleged that the de-facto-complainant received a phone call that at around 05.55 a.m., (India Time) on 17.10.2022 informed the de-facto-complainant's wife that her son is no more and on enquiry she informed that Srinath (deceased) and the accused No.1 went to tricky and that the deceased had slipped and fell to the valley. The police were informed by an American couple. She also informed that the police found the dead body. It is submitted in the complaint that the de-facto-complainant and his wife went to U.S.A., and performed all the final rites to their son in U.S.A. Allegations that the de-facto-complainant was threatened not to enquire into the death of his son by the accused are also made in the complaint. Suspecting the involvement of the wife of the deceased son and also allegations of threatening by the parents of the daughter-in-law of the de-facto complainant, a complaint was lodged before C.I.D., Mangaligiri, Andhra Pradesh on 12.12.2023. Police registered a case vide Cr.No.21 of 2023 under Section 1 74 Cr.P.C., of CID Police.

4. The learned Senior Counsel appearing for the petitioners submits that when the deceased passed away in U.S.A., there could not be any scope for registering a case. It is also submitted that the de-facto-complainant could not have filed the complaint after 14 months after the death of his son in U.S.A.

5. The learned Senior Counsel further submits that by the day when the FIR was registered the body was cremated in U.S.A., The body was cremated soon after completing the formalities of handing over the dead body and after the petitioners and the de-facto-complainant and his wife reached U.S.A.

6. The learned Senior Counsel submits that registration of the said crime against the petitioners is only to harassing the petitioners family though there is no fault of the petitioners. The registration of FIR is bad in law and the learned Senior Counsel prays for quash the Cr.No.21 of 2023 on the file of CID, Mangaligiri, Andhra Pradesh.

7. During the pendency of the present petitions the CID Police submitted the final report on 07.03.2025 to the Mandal Executive Magistrate, Mangalagiri by closing the case as mistake of fact and that a notice was affixed to the wall of complainant's house as the complainant refused to take note of the report.

8. The learned Counsel appe