Ranjana Vasant Kadam v. The State Of Maharashtra

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2024.08.31 11:08:35 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3480 OF 2024 Ranjana Vasant Kadam ... Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Narayan G. Rokade a/w Mr. Abhang Suryawanshi, Mr. Udaysinh Deshmukh and Ms. Pratibha Pawar, for the Petitioner. Mr. V. B. Konde-Deshmukh, Addl.P.P. for the Respondent-State. PSI - Ashish Pawar, from Narpoli Police Station, Thane City, is present.

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 29th AUGUST 2024 P.C. :

1.

By this petition, the petitioner seeks a direction to the respondent i.e. Narpoli Police Station, Thane City to register an FIR on the basis of the petitioner's complaint dated 14th March 2024. 2.

Mr. Konde-Deshmukh, learned Additional Public Prosecutor, yesterday on instructions of the officer, submitted that an FIR was not registered since the matter pertains to the jurisdiction of 1/3

Kolhapur and not Narpoli, Thane.

3.

When we expressed our view that if a cognizable offence is disclosed, it was mandatory to register an FIR and thereafter transfer it to the appropriate police station, Mr. Konde-Deshmukh, learned Additional Public Prosecutor, on instructions, submitted that an FIR would be registered and that the same would be transferred to Shahuwadi Police Station, Kolhapur, i.e. the jurisdiction where the alleged incident had taken place.

4.

Since, the offences alleged by the petitioner in her complaint are offences punishable under Sections 376(2)(n), 420 and other sections of the Indian Penal Code, it was incumbent for the police to register an FIR and take the same to its logical end. If the Narpoli Police felt that they did not have the necessary jurisdiction to register the case, they could have still registered an FIR and thereafter transferred the same to the police station, having appropriate jurisdiction.

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5.

Since, today FIR has been registered i.e. post midnight on the basis of the petitioner's complaint dated 14th March 2024 and the same is to be forwarded to Shahuwadi Police Station, Kolhapur for further action, nothing survives for further consideration in this petition.

6.

Petition stands disposed of accordingly.

7.

Needless to state, that the police to investigate the said complaint/FIR on its own merits, in accordance with law. All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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