- (1.) This writ petition is at the instance of 5 (five) siblings (hereafter the accused, when referred to collectively). The first petitioner is the husband of the fifth respondent (hereafter the complainant). The second petitioner is the brother -in -law of the complainant, whereas the third to the fifth petitioners are her sisters -in -law. The accused by presenting this writ petition have questioned the action of the Officer -in -Charge, Gangapur Police Station, Nasik City in registering a first information report (hereafter the FIR), on a complaint dated March 29, 2013 of the complainant.
(2.) The complaint reveals that the marriage between the first petitioner and the complainant was solemnized on November 29, 1989 at Kolkata; that all the expenses of the marriage were borne by the parents of the complainant; that after such marriage, she resided at her matrimonial home at Kolkata with the first three petitioners and the wife of the second petitioner; that the fourth and the fifth petitioners also used to visit her matrimonial home frequently; that three children were born in the wedlock of the first petitioner and the complainant, the second of whom has since expired; that the first petitioner is a habitual drunkard and under the influence of alcohol, he used to abuse and beat the complainant; that the second and the third petitioners on the plea of expanding their plywood business used to demand Rs.10 lakh from the complainant, which was refused on the ground that the complainant's parents were not so well off; that despite an open heart surgery undergone by the complainant, she was physically and mentally tortured by the first three petitioners, as well as by the other petitioners who used to frequently visit her matrimonial home; that the complainant was not given food to eat and was made to survive on empty stomach; that she had been receiving threatening and abusive phone call; and that the attempt of the parents of the complainants to convince the accused had left no impact on them. It was, accordingly, alleged that the accused with common intention had physically and mentally tortured the complainant and demanded Rs.10 lakhs from her parents for expanding their plywood business and that there has been no change in their behaviour till date and "till date they are threatening me on phone and troubling me".
(3.) The point taken in the writ petition is that whole of the cause of action leading to registration of the complaint as FIR took place in Kolkata and, therefore, registration of the FIR at Gangapur Police Station by its officer -in -charge is absolutely unauthorized and without jurisdiction. It has, accordingly, been prayed for as follows: ''a. A writ in the nature of Mandamus directing the State of Maharashtra in general and the officer -in -charge, Gangapur Police Station respondent No. 2 in particular, not to proceed with the investigation of the case initiated pursuant to the registration of F.I.R. being No. I - 81, of 2013 dated March 29, 2013; b. A writ in the nature of Mandamus directing the respondent State of Maharashtra and the respondent No. 2 and his agents and personnel from taking any coercive measure against the petitioner in pursuance of and in connection with Gangapur Police Station F.I.R. No. I -81 of 2013 dated March 29, 2013; c. A writ in the nature of Mandamus directing the State of Maharashtra to close the case initiated pursuant to the complain lodged by the respondent no. 5 on March 29, 2013 with Gangapur Police Station, Nasik city, being annexure P/1 to the instant petition. d. A writ in alternative to transfer the Criminal case in question started at Gangapur Police Station at Nasik to the Baguihati Police Station, in the District of North 24 Parganas, in the State of West Bengal;" Appearing in support of the writ petition, Mr. Sanyal, learned advocate referred to the provisions of Sections 177 and 178 of the Criminal Procedure Code (hereafter the Cr.P.C.) and contended that the officer -in -charge committed gross jurisdictional error in not transferring the case diary to the appropriate police commissionerate in West Bengal having jurisdiction for conducting investigation. According to Mr. Sanyal, whole of the accusations leading to registration of the complaint relate to alleged incidents in Kolkata and, thus, the FIR ought to have been transferred for investigation. It is further contended by him that it would be extremely difficult for the petitioners to appear in the relevant court at Nasik and they would be prejudiced in their defence.;