Satish Kumar And ORS v. State Of Haryana And Others
CRM-M-5788-2021
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"That the Respondent No.4 has wrongly proposed and recommended the transfer of investigation of the FIR to Uttar Pradesh because the occurrence has admittedly taken place within the territorial jurisdiction of State of Haryana and as such keeping in view the provisions of Section 177 of the Code of Criminal Procedure, the investigation of the said case has to be undertaken by the Respondent No. 4. For the convenience of this Hon'ble High Court, the relevant provisions of Section 177 and 178 of Cr.P.C. are also reproduced below: -177. Ordinary place of inquiry and trial: Every offence shall ordinarily be inquired into and fried by a Court within whose local jurisdiction it was committed".
178. Place of inquiry of trial - (a) When it is uncertain in which of several local areas an offence was committed, or MOHIT 2023.09.15 18:25 I attest to the accuracy and authenticity of this order/judgment
CRM-M-5788-2021 -2- (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is a continuing or, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas."
From the perusal of the above reproduction of the provisions of Section 177 and 178 Cr.P.C. it is abundantly clear that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed where an offence is committed partly in one local area and partly in another, and even otherwise, for the sake of arguments, where an offence is a continuing or, and continues to be committed in more local areas than one, such offence has to be tried by the Court where the occurrence has taken place. In the present case, admittedly, the occurrence has taken place in Village Nanhera.
District Panipat in the State of Haryana, within the territorial jurisdiction of State of Haryana and even the Haryana Administration has also deputed the revenue Officers and Police Officers/officials in connection with harvesting the crop sown by the petitioners. However, despite the fact that the Administration has deputed the Govt. Officers and Police Force for the purpose of harvesting of crop by the Petitioners, yet the Respondent No.4 has wrongly transferred the investigation of the F.I.R by UP Police."
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= </ MOHIT 2023.09.15 18:25 I attest to the accuracy and authenticity of this order/judgment