M.N. Bhandari, J. - (1.) THE only question raised in this petition is regarding territorial jurisdiction to register the FIR and investigation of an offence, which had taken place at Delhi.
(2.) IT is stated by the learned Counsel for the petitioner that the Investigating Agency has no territorial jurisdiction to investigate an offence, which took place outside their territorial jurisdiction. In the present matter while lodging the FIR, it was clearly indicated that occurrence took place at Delhi and further indicate the distance therein from the place of police station. Ignoring the aforesaid, the investigation in the matter pursuant to the FIR started. The only reason seems to be that petitioner was posted at Sikar at the time when the FIR was lodged but the place of working has no relevance to address the issue of territorial jurisdiction inasmuch as aforesaid is to be decided based on place of occurrence. In view of the aforesaid, the FIR deserves to be quashed and set aside. A reference of Section 4 of Prevention of Corruption has been given to show that such a case can be tried by the Special Judge. As per the Section 4(2) the Special Judge can try a case, which was committed within its territorial jurisdiction. Since, the offence took place outside the territorial jurisdiction of the Special Judge; hence even the trial pursuant to the investigation would not be possible. Looking to the aforesaid also, the FIR deserves to be quashed and set aside. The side opposite submits that as to whether the territorial jurisdiction exists with the Investigating Agency is an issue, which can be looked into while investigating the matter and if ultimately, it is found that offence took place outside the territorial jurisdiction of the Investigating Agency, then it can be forwarded to the police station having territorial jurisdiction. An affidavit has been filed today to show that if a case is made out to the effect that CBI, Jaipur has no jurisdiction to investigate the matter, the Final Report under Section 173 will be filed in the Court of competent jurisdiction and accordingly, complete file of the case will be transferred. A reference of the judgment of the Hon'ble Apex Court in the case of Satvinder Kaur v. State (Govt. of NCT of Delhi) and Anr. Reported in : (1999) 8 SCC 728 has been given. It is submitted that FIR cannot be quashed on the ground of lack of territorial jurisdiction of police to investigate the matter. As per the Hon'ble Supreme Court, quashing of FIR on that ground is improper more so when the police officer is competent to investigate any cognizable offence, however, the Investigating Officer can forward the case to the police station having territorial jurisdiction, if he come to the conclusion that crime was committed beyond his territorial jurisdiction. In view of the aforesaid, the prayer is to dismiss the miscellaneous petition.
(3.) I have considered the submissions made by the learned Counsel for the parties and given my thoughtful consideration on the issues.;