Mumbai High Court: Enquiry conducted by the investigating officer cannot be annulled on the grounds that it lacks territorial jurisdiction

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A division bench of Justices KK Sonawane and SS Shinde of the Mumbai High Court held that an enquiry into a criminal matter cannot be revoked on the ground that the investigation officer does not have territorial jurisdiction to investigate the matter.
The court rejected a petition filed by the accused persons for revoking the First Information Report that was registered against them under provisions 498A, 323,504 and 506 read with section 34 of the Indian Penal Code. The petitioners in their petition contended that since the crime had taken place at Kandhar and Mumbai and not within the territorial limits of Cantonment Police Station, Aurangabad, the investigation officer at Aurangabad has no right to carry out the investigation.

The court rejected the petition filed by the petitioners on the ground that sub clause (2) of section 156 of the Criminal Procedure Code, stipulates that the investigation or enquiry conducted by a police official cannot be questioned on the basis that enquiry was conducted in a matter that the officer was not was not empowered to investigate. The court observed “However, the law postulates that, after completion of investigation, result of such investigation is required to be forwarded as contemplated under Sections 168, 169 and 170 of CrPC,”.

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