- (1.) B. S. Chauhan, J. This writ petition has been filed for restraining the Delhi Police from investigating the matter in pursuance of the F. I. R. in Case Crime No. Nil of 2003, under Sections 302 and 201 I. P. C. , registered at Police Station Masoori, District Ghaziabad, U. P.
(2.) THE facts as alleged in the petition and are revealed by the documents annexured by the petitioner himself, remain that on 25-5-2003 a report of 'gumsudgi' was lodged at Police Station Paschim Vihar, New Delhi by the wife of deceased Sanjay Gupta, Smt. Ritu Gupta, wherein it was mentioned that in the evening of 25-5-2003 her husband Sanjay Gupta, had gone alongwith two persons, namely, Aman Bhardwaj and Taiyab (petitioner), who were known to him, in a Maruti Car of white colour, bearing No. D L 3 CT 4150. While leaving the house, the deceased told his mother that he would come back soon. When he did not return, the deceased's wife phoned on his mobile at about mid night. Deceased told her that he was in NOIDA and would return home soon. But he did not come back. In view of the information the report of missing of Sanjay Gupta was registered on 25-5-2003. THE dead body of the deceased was found within territorial jurisdiction of the Police Station Masoori, District Ghaziabad and an F. I. R. was lodged at the said Police Station under Section 302 read with Section 201 I. P. C. by deceased's brother giving all those details which had been given by deceased's wife at Police Station Paschim Vihar, New Delhi earlier alleging that Taiyab and co-accused Aman Bharadwaj had committed the said murder. THE Delhi Police, respondent No. 3, started the investigation. Hence this petition. Shri V. P. Srivastava, learned counsel appearing for the petitioner has submitted that as the dead body of said Sanjay Gupta was found within the territorial jurisdiction of P. S. Masoori, District Ghaziabad, the said Police Station alone has a competence to investigate the crime, hence investigation being carried out by the respondent No. 3 is without competence, and therefore, respondent No. 3 be restrained from investigating the matter. On the contrary, it has been submitted by the learned Additional Government Advocate that petitioner and Aman Bharadwaj had gone to the house of the deceased, and taken him from there. As at what place, time and for what reason the murder has been committed would be revealed only in investigation. Merely because the dead body was found in District Ghaziabad, that does not deprive the Delhi Police to investigate into the matter as the commencement of the offence had started from Delhi, therefore, petition is liable to be dismissed.
(3.) THIS is a settled legal proposition that lodging of F. I. R. under Section 154 Cr. P. C. is a statutory right and report can be lodged/registered before any Police Station in India, but if the Police Station where it is lodged comes to the conclusion that offence has been committed within the territorial jurisdiction of some other Police Station, it would transmit the F. I. R. there. Section 178 of the Code of Criminal Procedure, 1973 (hereinafter called the Cr. P. C.) provides for a place of enquiry or trial and reads as under: - (a) when it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is continuing one and continues to be committed in more local areas than one, or (d) where it consists of several acts done in several local areas, it may be enquired into or tried by a Court having jurisdiction over any of such local area.;