18. The principal question which emerges from the submissions made on behalf of the partiesis whether in regard to an order passed u/s 156(3) Cr.P.C. the police authorities empoweredunder Sub-section (1) of Section 156 can unilaterally decide not to conduct an investigationon the ground that they had no territorial jurisdiction to do so.
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25. The various decisions cited by Mr. Syed, and in particular the decision in Satvinder Kaur’scase (supra) provide an insight into the views held by the Supreme Court on the acceptedposition that the Investigating Officer was entitled to transfer an investigation to a PoliceStation having jurisdiction to conduct the same. The said question is not in issue before usand as indicated hereinbefore, we are only required to consider whether the InvestigatingOfficer in respect of an investigation undertaken u/s 156(3) Cr.P.C. can file a report statingthat he had no jurisdiction to investigate into the complaint as the entire cause of action hadarisen outside his jurisdiction despite there being material available to the contrary. Theanswer, in our view, is in the negative and we are of the firm view that the powers vested inthe Investigating Authorities, u/s 156(1) Cr.P.C., did not restrict the jurisdiction of theInvestigating Agency to investigate into a complaint even if it did not have territorialjurisdiction to do so. Unlike as in other cases, it was for the Court to decide whether it hadjurisdiction to entertain the complaint as and when the entire facts were placed before it.
PARTY: RASIKLAL DALPATRAM THAKKAR — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent -Criminal Appeal No. 2041 of 2009 – 06-11-2009 –
ALSO CHECK THE MADRAS HIGH COURT JUDGMENT: N.Shanthimadhuresan .. Petitioner vs. 1.The Inspector of Police, City Crime Branch, Madurai City, Madurai District. 2.Sivarani, 3.R.Patchaiammal, 4.A.Sivagami, 5.S.Govindammal, 6.K.Logeswari .. Respondents – Crl. R.C.(MD)No.33 of 2020 – 03.09.2020
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