The Delhi High Court has held that a magistrate cannot direct the officer in-charge of a police station to investigate a cognisable offence in an area which is outside his jurisdiction.
It was contended before the high court that a magistrate exercising jurisdiction under section 156(3) CrPC cannot direct registration of FIR and investigation, thereafter, to a Station House Officer of a police station, which does not fall within its local territorial jurisdiction.
Justice Mukta Gupta, referring to earlier legal decisions of the Supreme Court, observed that section 154 CrPC, unlike section 156(1), does not prescribe for a restriction on registration of FIR in respect of an offence committed within the territorial jurisdiction of the police station.
“Thus even if the offence may have been committed beyond the territorial jurisdiction of a police station, the officer in-charge of the police station would still register the FIR and investigate thereon, however, a Magistrate under Section 156 (3) CrPC cannot direct to an officer in-charge of a police station beyond its territorial jurisdiction,” the court noted.
It also sets aside the magisterial court’s order “purely on the issue of lack of territorial jurisdiction”.
The court said that the complainant would be at liberty to pursue her remedies before a court of the competent territorial jurisdiction.
A metropolitan magistrate here on February 10 this year, even after noting that there was not even a single allegation of commission of any offence alleged to have been committed within the jurisdiction of police station New Ashok Nagar here, had ordered lodging of Zero FIR against the three accused.
The allegations against the accused were related to the harassment of the complainant at the workplace, which was Noida, Uttar Pradesh.
The magistrate, however, acting on the girl’s complaint had directed the station house officer of police station, New Ashok Nagar, for registration of zero FIR.
It, thereafter, had asked the Delhi Police to transfer the same to the police station concerned having jurisdiction in the matter as per the procedure.
The three accused had challenged the order before the Delhi High Court.
( Source – PTI )
