- (1.) PALOK Basu, J. This writ petition has been filed by Sunil Kumar, Satya Narain Khandelwal and Smt. Gyatri Devi with prayer that the Police Station Kotwali Mathura be restrained from investigating the the Case Crime No. 711 of 1992, State v. Sunil Kumar and others, under Section 498-A, I. P. C. registered on the basis of the first information report lodged by Smt. Rekha Khandelwal and alternatively it has been prayed that the investigation of the said case be transferred to the police of Police Station Kotwali, Bareilly and until that is done the petitioners should not be arrested.
(2.) THIS writ petition was filed oil 17-9-1992 when a counter-affidavit was called. The informant has been impleaded as the opposite party No. 3, who is now represented by Sri Rajul Bhargava, Advocate. The opposite parties No. 1 and 2 (State of U. P. and Station Officer of Police Station Kot wali, Mathura) are represented by Sri R. S. Sengar, learned standing Counsel. Sri. V. C. Tiwari assisted by Sri. A. K. Awasthi, learned counsel for the petitioners, has argued that if the entire allegations made in the first infor mation report is taken to be correct, the police Station Kotwali, Mathura has no territorial jurisdiction to investigate the case. It may be stated here that statement was made at the Bar that no counter-affidavit is to be filed because the arguments on the question as to whether territorial jurisdiction for investigating the case crime, if any, lies within the district of Mathura or not would have to be decided only on the basis of the allegations made in the F. I. R.
(3.) SRI V. C. Tewari has relied upon the provisions of Section 156, Cr. P. C. in order to substantiate his argument that if the offence does not fall within the local limits, the police of Police Station Kotwali, Mathura shall have no jurisdiction to investigate the case. Section 177, Cr P. C. says that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was com mitted. Section 156, Cr. P. C. says that for determination of the local jurisdic tion of a police-station, the provisions of Section 177, Cr. P. C. shall have to be borrowed. This takes us to consider as to what the allegations in the first information report in the present case are ?;