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2017 Supreme(Del) 1160

MUKTA GUPTA
RAMESH AWASTHI – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramesh Gupta, Sr. Adv. with Mr. Bharat Sharma, Mr. Saurabh Jain, Ms. Neha Gupta, Advs.
For the Respondents: Mr. Ashok Kr. Garg, APP with SI Neeraj Kumar, PS New Ashok Nagar, Mr. Smarhar Singh, Ms. Kusum Pandey, Advs.

JUDGMENT :

1. The three petitions are being decided together as they challenge the common impugned order dated 10th February, 2017 whereby on the application of respondent No. 2 under Section 156 (3) Cr.P.C. the learned Metropolitan Magistrate having territorial jurisdiction over the area of PS New Ashok Nagar directed SHO PS New Ashok Nagar to register zero FIR and thereafter to transfer the same to the concerned Police Station having jurisdiction in the matter as per procedure.

2. Learned counsels for the petitioners submit that the learned Metropolitan Magistrate vide the impugned order dated 10th February, 2017 despite noting the fact that there was not even a single allegation of commission of any offence within the territorial jurisdiction of PS New Ashok Nagar and allegations related to the workplace of the complainant which is situated at Sector-11, NOIDA and not within the jurisdiction of PS New Ashok Nagar entertained the application and passed the impugned order as noted above.

3. It is submitted that a Magistrate exercising jurisdiction under Section 156 (3) Cr.P.C. cannot direct registration of FIR and investigation thereon to a Station House Officer of a Police Station w





































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