Investigating Officer is statutorily required to complete investigation of cognizable offences before transferring F.I.R. to another jurisdiction.

JUDGMENT

1. Petitioner herein seeks to challenge the transfer of First Information Report (hereinafter referred as “F.I.R.”) No. 0/2015 registered at Police Station Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh) dated 28/06/2015 for offence under Section 498-A of the Indian Penal Code (hereinafter called as “IPC”) by the Superintendent of Police, Bilaspur to the Police Station Alwal, District Secunderabad (Telangana) by its memo. order dated 09/07/2015.

2. The aforesaid challenge has been made by the petitioner herein on following factual backdrop :-

2.1 The petitioner was married to Shri Varun Chandra Madhani on 18/12/2014 at Bilaspur and after the marriage, the petitioner stayed with her husband and inlaws at Vainkatpuram, Police Station Alwal, District Secunderabad (Telangana).

2.2 It is the case of the petitioner that she was treated with cruelty in connection with demand of dowry by her husband and in-laws at her matrimonial home at Vainkatpuram and on account of ill-treatment meted with her at her matrimonial home, she came back to her parental house at Bilaspur on 24/03/2015 and filed a complaint before the Police Station Tarbahar Bilaspur, District Bilaspur on 26/04/2015. Ultimately, upon preliminary inquiry, on 28/06/2015, F.I.R. No. 0/2015 for the offence under Section 498-A of the IPC was registered against the petitioner’s husband and in-laws in the Police Station Tarbahar Bilaspur, District Bilaspur (Chhattisgarh).

2.3 Mr. Varun Chandra Madhani is the husband of petitioner, Mr. M. Vijyendra, Mrs. M. Jaylaxmi and Mrs. Shruti Poorna Madhani are in-laws of petitioner. In course of investigation, the petitioner herein and witnesses of crime were examined by Police Station Tarbahar, Bilaspur and ultimately, Superintendent of Police, Bilaspur by memo dated 09/07/2015 transferred the case diary of crime No. 0/2015 to the Police Station Alwal, District Secunderabad (Telangana) through the Deputy Commissioner of Police, Secunderabad (Telangana) for further investigation holding that the place of occurrence falls within the territorial jurisdiction of Police Station Alwal.

2.4 Feeling aggrieved against the aforesaid order/act, the petitioner/victim has filed instant writ petition stating inter alia that the offence under Section 498-A of the IPC is a cognizable offence and the Officer In-charge of the police station was obliged to investigate the offence completely and without completion of the investigation, it was not within the jurisdiction of the Superintendent of Police, to transfer the F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) for further investigation and therefore, the order of transfer of F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) is unsustainable in law and therefore, order dated 09/07/2015 passed by Superintendent of Police be set-aside and Station House Officer, Police Station Tarbahar Bilaspur be directed to investigate the offence completely and respondent No. 2 be directed to send back the case diary back to Police Station Tarbahar Bilaspur for investigation of the matter.

2.5 Respondent No.1/State has filed its return stating inter alia that the F.I.R. No. 0/2015 has been registered against the petitioner’s husband and in-laws for offence under Section 498-A of the IPC on 28/06/2015. After the marriage, the petitioner resided with