The Bombay High Court has ordered transfer of investigations in a dowry case from Nashik to Kolhapur, Observing that it would be in the fitness of things to allow local police, in whose jurisdiction an offence is committed, to probe the complaint.
The ruling was delivered by the bench on a petition filed by Jayashree Deshmukh alleging that she was tortured and harassed by her mother-in-law, husband and sisters-in-law.
“We allow the case registered at Upnagar police station, Nashik, to be inquired/investigated by the local police station, Kolhapur, within whose territorial limits the alleged offence has occurred,” ruled Justices Abhay Oka and Sadhana Jadhav recently.
The complainant filed a case in Upnagar Nashik police station but said the offences occurred in Kolhapur where she stayed with her in-laws after marriage. As Nashik police did not inquire into the allegations made by her and also did not file a chargesheet, Jayshree appealed that the investigations be transferred to Kolhapur where the alleged offences took place.
According to the judges, “It is pertinent to note that all the offences alleged by the complainant had admittedly taken place at Kolhapur. On the plain reading of the FIR, it was incumbent on the police authority to register the offence and transfer the same for the purpose of investigation to Kolhapur.”
“As the alleged offence had taken place at Kolhapur, police was duty bound to inquire and then probe the cognisable case which has occurred in the local area within the limits of the concerned police station and therefore police should have relegated the FIR to the police station which had territorial jurisdiction to investigate the cognisable case”
Jayashree married Satwik on December 13, 2009 in Nashik after which her husband went to Dubai. She went to Kolhapur to join the company run by her mother-in-law Snehlata Deshmukh and sisters-in-law Mrunalani Ghume and Rajnanada Damugade.