The Allahabad High Court has said that it is unlawful to transfer the investigation by an order of the DIG to another police station contrary to the order of the magistrate to register the case and investigate the police station.
The Division Bench of Justice Suneet Kumar and Justice Shree Prakash Singh passed this order while hearing a Criminal Misc Writ Petition filed by Amit Singh.
The petition is directed against the order dated March 24, 2021 passed by the Deputy Inspector General of Police / Senior Superintendent of Police, Kanpur Nagar, whereby, case under sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Kanpur Nagar, has been directed to be transferred to Police Station Kalyanpur, for investigation along with case under sections 420, 467, 468, 471, 120-B IPC.
The facts of the petition is that an FIR came to be lodged at Police Station Kalyanpur, Kanpur Nagar with regard to the land, alleging that fraudulently the accused therein impersonated himself as the owner (Radhey Lal Goel) and transferred the land by executing power of attorney in favour of other persons who neither have title nor their names are recorded in the revenue record. The petitioner herein was not nominated, but during investigating his name surfaced in the commission of the offence.
The Petitioner filed an application under section 156(3) CrPC on 16 January 2021 before the Special Chief Judicial Magistrate, Kanpur Nagar, which came to be registered. The Magistrate allowed the application order dated 30 January 2021 upon noticing the earlier case, and directed the Station House Officer, Police Station Kotwali, to register the case and investigate the matter.
The allegation in the complaint pertains to Gata No 783(M), which is said to be the part of Gata no 782 (M) as alleged in the earlier FIR Admittedly, the plots in dispute in both the FIR is situated within the jurisdiction of Police Station Kotwali, Kanpur Nagar, But, by the order the Deputy Inspector General of Police / Senior Superintendent of Police, Kanpur Nagar, has transferred the case registered pursuant to the order of the Magistrate to Police Station Kalyanpur, District Kanpur Nagar.
The Court noted, “In this backdrop, it is urged that the order passed by the Deputy Inspector General of Police/Senior Superintendent of Police is in teeth of the direction issued by the Magistrate specifically directing the Station House Officer, Police Station Kotwali, Kanpur Nagar, to investigate the crime alleged by the petitioner.It is further submitted that since the disputed property falls within the jurisdiction of Police Station Kotwali, it was incumbent upon the Deputy Inspector General of Police/Senior Superintendent of Police to have transferred the case registered at Police Station Kalyanpur to Police Station Kotwali, Kanpur Nagar.”
It is further urged that the order tantamount to overreaching the direction of the Magistrate and sitting in appeal over the order. The course open to the Deputy Inspector General of Police / Senior Superintendent of Police was to seek modification of the order dated January 30, 2021 passed by the Magistrate. It is not disputed that it is a cross case arising from the same subject matter, the parties have made allegations and counter allegations against each other with regard to fraudulent transfer of property.
“We have gone through the Circulars with the assistance of counsel for the parties. Circulars merely stipulate that in the event of several FIRs being lodged, arising from the same incident it would be appropriate that the matter be investigated by one of the Police Station,” the Court said.
The counsel appearing for the State respondent does not dispute that the Magistrate noticed in the order that an earlier FIR, was being investigated by Police Station Kalyanpur, Kanpur Nagar. Further, after investigation, a chargesheet was submitted against accused Ravi Patel and Maya Thakur on 23 March 2021, before the competent court and investigation against the other wanted accused is still pending.
The state counsel is unable to point out that prejudice would be caused to the investigating agency in the event the order passed by the Magistrate is compiled and the investigation pending at Police Station Kalyanpur, is transferred at Police Station Kotwali, Kanpur Nagar, as per direction of the Magistrate, admittedly the subject matter of the dispute falls within the jurisdiction of Thana Kotwali.
“Having regard to the rival submissions, we are of the opinion that the order dated 24 March 2021, passed by the Deputy Inspector General of Police/Senior Superintendent of Police, Kanpur Nagar, was unwarranted, accordingly, is set aside and quashed. The Deputy Inspector General of Police/Senior Superintendent of Police shall pass a fresh order complying the order dated 30 January 2021 passed by the Special Chief Judicial Magistrate, Kanpur Nagar, transferring the investigation of case under sections 420, 467, 468, 471, 120-B IPC, from Police Station Kalyanpur to Police Station Kotwali, Kanpur Nagar,” the Court ordered.