Sanjay K. Agrawal, J.

The petitioner has filed this writ petition challenging the action of respondents No.3 to 5, whereby FIR lodged by the petitioner herein has been transferred to the Police Station Indrapuram, Gaziabad (UP).

2. The brief facts Essential for adjudication of the present dispute are as under:-

2.1 The petitioner was married with one Jashpreet Singh on 15.2.2014 at Gaziabad (UP). She thereafter complained some maltreatment and harassment at the hands of her husband and in-laws, but she tried to settle the dispute and continue to lead her matrimonial life. In the month of February, 2015, she came to her parental home at Bilaspur (CG) along with her husband and stayed at Bilaspur for 20 days. Uncle of Jashpreet Singh namely Parminder Singh Bakshi also reached at Bilaspur. Allegation of the petitioner is that in 20 days her husband demanded dowry of Rs. 15,00,000/- to purchase flat and car at Dubai and also assaulted her and threatened her to kill and further demanded the said amount from her father. Thereafter they went back to Dubai. Behaviour of her husband was not proper, therefore, she came back to Bilaspur on 23.11.2015. Written complaint was made by the petitioner on 19.12.2015 at City Superintendent of Police, Police Station City Kotwali, Bilaspur but the police did not take any action on the said complaint. Thereafter, she again made a complaint on 23.1.2016 to the Investigation Unit Crime against women in which, case has been referred to the Family Counselling Centre, Bilaspur. Husband of the petitioner never attended such Counselling. Thereafter, the petitioner lodged the F.I.R. on 23.4.2016 at Police Station-Mahila Thana, Bilaspur, however, FIR was registered as Crime No.0/2016 by said police station, but the said police station recorded a finding that offence is said to have been committed at Indrapuram, District Gaziabad (UP) and transferred the FIR to the said Police Station for investigation and for further needful action. With the aforesaid fact, the petitioner has filed this writ petition under Article 226 of the Constitution of India. Return has been filed supporting the action of transferring the FIR to Indrapuram Police Station, District Gaziabad (UP)

3. Learned counsel for the petitioner would submit that a careful perusal of the FIR and statement of the petitioner would clearly show that offence under Section 498A of the IPC has been committed only in the territorial jurisdiction of Bilaspur Court, therefore, Police Station-Mahila Thana, Bilaspur has jurisdiction to enquire the matter and it has illegally been transferred to Police Station Indrapuram, District Gaziabad (UP) contrary the provisions contained in section 177 of the CrPC, 1973 therefore, order transferring the FIR to the said Police Station deserves to be set aside.

4. On the other hand, learned State Counsel would oppose the writ petition and would support the State action.

5. I have heard learned counsel appearing for the parties, considered their rival submissions made herein above and also gone through the record with utmost circumscription.

6. In order to decide the plea raised at the Bar, it would be firstly appropriate to notice the complaint made by the petitioner at Police Station City Kotwali on 19.12.2015, which reads as under:-

ekg Qjojh 2015 esa tlizhr eq>s ysdj fcykliqj vk;sA ek;ds esa yxHkx 20 fnu :ds jgs bl chp tlizhr ds pkpk Hkh uks,M+k ls fcykliqj vkdj ?kj ij gh :ds vkSj ngst ds lkekuksa ds cnys uxn jde rFkk nqcbZ esa esjh tkWc u gksus dks ysdj fookn Hkh fd;s ,oa tlizhr us can dejs esa esjs lkFk ges'kk ekjihV dh FkhA fookn lqy>kus ,oa ngst dh jde dh vnk;xh ds fy, le; c<+kus ij lger u gksus dks en~ns utj j[k ifjokj ds lnL;ksa ds vykok ikfjokfjd ifjfprksa esa ftuesa izeq[k :i ls xksMikjk ds lqjsUnz oekZ vady] f'kfj'k ik.Ms; vady] lq"kek Bkdqj vkaVhth xksikl vady ds lkFk vkdj fookn dks lqy>kus dh dksf'k'k fd;s ijUrq pkpk llqj ijfeanj flag cD'kh ngst ds lkekuksa ds cnys jde ysus ds fy, cksydj vM+s jgs bl >xM+s yM+