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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJAY KUMAR GUPTA, J.
Mukhtar Ahmad - Petitioner
Vs.
State of J&K and other - Respondents
CRMC No. 113 of 2011 & IA No. 116 of 2011
Decided On : 26-10-2018
FIR - Jurisdictional Conflict - [IPC, Section 467, 468, 471, 420, Arms Act, Section 3/25] - The court discussed the jurisdictional conflict arising from the registration of two FIRs in different states for the same incident and offenses. It highlighted the legal principles related to quashing of FIRs, territorial jurisdiction of High Courts, and the scope of inherent powers under section 561-A Cr.P.C.
Fact of the Case:
The petitioner sought to quash an FIR registered in Maharashtra, alleging that it was unjustified due to the existence of a prior FIR in Jammu & Kashmir for the same incident and offenses. The petitioner argued that the investigation in both FIRs could not proceed simultaneously and questioned the scope of the court's power to quash the FIR registered outside its territorial jurisdiction.
Finding of the Court:
The court held that it did not have territorial jurisdiction to quash the FIR registered in Maharashtra and dismissed the petition as not maintainable. It emphasized that the High Court can only quash FIRs within its territorial jurisdiction and cautioned against exceeding territorial limits.
Issues: Jurisdictional conflict between FIRs registered in different states for the same incident and offenses, and the scope of the court's power to quash FIRs outside its territorial jurisdiction.
Ratio Decidendi: The court's decision was based on the interpretation of constitutional provisions and legal principles related to the territorial jurisdiction of High Courts, emphasizing that the High Court can only quash FIRs within its territorial jurisdiction.
Final Decision: The petition was dismissed as not maintainable, and the court emphasized the importance of abiding by the rule of law and the constitutional provisions related to territorial jurisdiction.
1. Through the medium of instant petition, petitioner-Mukhar Ahmad has sought quashing of FIR No. 33/2011 dated 26.02.2011 registered with Police Station Tuljapur, District Osmanabad, Maharashtra, and also prayed for issuance of direction to the respondents not to arrest the petitioner in the afore said FIR whereby a criminal case under Sections 467, 468, 471, 420 of IPC and Section 3/25 of Arms Act has been registered.
2. Petitioner has stated in the petition that he has worked as Collector Defence/Additional District Magistrate Rajouri from April 2008 to August 2009 and as Sub-District Magistrate Mendhar from August 2009 onwards. That an FIR came to be lodged at Police Station Janipur Jammu being FIR No. 18/2011 dated 07.02.2011 for commission of offence under Sections 467/468/471/420 RPC and 3/25 Arms Act against certain persons mentioned in the FIR for possession of 12-Bore Guns with alleged Fake Gun Licenses issued under the seal and signature of SDM Mendhar. The persons were arrested, the guns and licenses seized and the investigation commenced. A Special Investigation Team (SIT) was constituted to investigate the case. During the investigation, the police implicated the petitioner also in the case on the allegation that the gun licenses were issued without following the procedure and after receiving the money from the licence holders and that the issuing officer was not competent to issue the same. Ultimately the petitioner was arrested by the SIT in the case on 12.04.2011 and lodged in the Police Station, Janipur.
3. That the petitioner moved a bail application before the learned Special Judge Anticorruption, Jammu in which a detailed report was filed by the Incharge Special Investigation Team on 18.04.2011, wherein the Investigating Agency not only justified the arrest of the petitioner, but have tried to throw the whole weight of all the alleged misdeeds and misgivings in the case upon the petitioner only. The Investigating Agency has tried to make out a case of conspiracy between the petitioner, his subordinate staff, Arms dealers and license holders in lieu of bribe money. The investigation is still going on.
4. That the learned Special Judge Anti-Corruption, Jammu after considering the report of the SIT and Case Diary was pleased to grant bail to the petitioner on 26.04.2011.
5. That on the one hand the investigation is going on through SIT in J&K in the incident of alleged issuance of fake gun licenses and on the other hand, the Maharashtra Police in District Osmanabad apparently taking a lead from the news of the registration of the above said FIR, also claimed to have caught hold of some fake gun licenses issued from the Office of SDM, Mendhar in favour of certain local residents of J&K, who have secured jobs in Maharashtra on the basis of these Gun licenses and guns purchases on the basis of these licenses. An FIR has been registered against these persons in Police Station, Tulzapur, District Osmanabad, Pune Maharashtra being FIR No. 33/2011 dated 26.02.2011 for commission of offences u/s 467, 468, 471, 420 IPC and Section 3/25 of Arms Act. A bare perusal of the FIR No. 33/2011 sufficiently indicates that the petitioner is neither shown involved in the commission of offence nor his name figures in the list of the accused persons. There is no such allegation in the FIR against the petitioner, as such, which could justify the formal detention of the petitioner in the said FIR. It further reveals that the investigation in the said FIR is regarding the fake license, allegedly issued from the office of the Sub-District Magistrate, Mendhar and Additional District Magistrate, Rajouri. It is submitted that the petitioner has issued licenses after following due procedure under law and after receiving authority from the concerned District Magistrate.
6. That the Maharashtra Police while investigating the FIR No. 33/2011 has reached Jammu to arrest the petitioner in the said FIR and even approached the Local Magistr
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