Govind Mathur, J. - (1.) BY way of filing a revision petition (SBCr.Revision Petition No.186/2007) the petitioners assailed validity of the order dated 4.1.2007 passed by learned Judicial Magistrate No.2, Jodhpur alleging lack of territorial jurisdiction with the court concerned. While quashing the order aforesaid this Court by order dated 7.1.2008 held and directed as follows: From the facts available on record it is apparent that whatever cause of action arose warranting adjudication that was either at Howrah or at Devatu, Tehsil Shergarh, District Jodhpur. In view of it the cognizance taken by learned Judicial Magistrate, Jodhpur, therefore, is without jurisdiction. Hence, the order impugned dated 4.1.2007 is quashed. In the instant matter the investigation was made at Mahila Police Station, Jodhpur and that is having jurisdiction to investigate the cases relating to atrocities on women in entire district, therefore, in totality of facts of the case it is desirable to direct the court below to return the challan submitted before it by Station House Officer, Mahila Police Station, Jodhpur with a direction to submit the same through the Public Prosecutor concerned to the court having jurisdiction to adjudicate the events taken place at village Devatu, Tehsil Shergarh District Jodhpur.
(2.) BY this application under Section 482 Cr.P.C. recalling of the order dated 7.1.2008 is sought on the count that the Mahila Police Station, Jodhpur is also not having territorial jurisdiction to investigate the case in question. As per Section 156(1) Cr.P.C., any officer incharge of a police station may, without the order of a Magistrate, investigate any cognizable case which court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII and as per Section 156(2) Cr.P.C. no proceedings of a police officer in any such case shall at any stage be called in question on the ground that the case was on e which such officer was not empowered under Section 156 Cr.P.C. to investigate.
(3.) HON 'ble Supreme Court in the case of Satvinder Kaur v. : AIR1999SC3596 , while examining the scope of the provisions of Section 156 Cr.P.C. held as follows: 8.... ...(1) The SHO has statutory authority under Section 156 of the Criminal Procedure Code to investigate any cognizable case for which an FIR is lodged. (2) At the stage of investigation, there is no question of interference under Section 482 of the Criminal Procedure Code on the ground that the investigating officer has no territorial jurisdiction. (3) After investigation is over, if the investigating officer arrives at the conclusion that the cause of action for lodging the FIR has not arisen within his territorial jurisdiction, then he is required to submit a report accordingly under Section 170 of the Criminal Procedure Code and to forward the case to the Magistrate empowered to take cognizance of the offence. 10. It is true that territorial jurisdiction also is prescribed under Sub -section(1) to the extent that the officer can investigate any cognizable case which a court having jurisdiction over the local area within the limits of such police station would have power to enquire into or try under the provisions of Chapter XIII. However, Subsection(2) makes the position clear by providing that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered to investigate. After investigation is completed, the result of such investigation is required to be submitted as provided under Sections 168, 169 and 170. Section 170 specifically provides that if, upon an investigation, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit for trial. Further, if the investigating officer arrives at the conclusion that the crime was not committed within the territorial jurisdiction of the police station, then FIR can be forwarded to the police station having jurisdiction over the area in which the crime is committed. But this would not mean that in a case which requires investigation, the police officer can refuse to record the FIR and/or investigate it.;