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Judgment
B.D. Rathi, J.—Heard. This petition has been preferred u/s 482 of the Code of Criminal Procedure, 1973 (in short ''the Code'') by the petitioner being aggrieved from the endorsement made in FIR Ex-P/2 by Mahila Police Station Padav, Gwalior on 18-05-2013 that "Because the dispute has arisen within the jurisdiction of Jhansi Police (U.P.) therefore, for registration of crime and investigation matter will be sent to Jhansi Police through Superintendent of Police Gwalior".
It is submitted by learned counsel for the petitioner that on the basis of complaint Annexure P/1 filed by the petitioner an FIR at crime No. 0/20013 for the offence u/s 498A and 506 read with Section 34 of IPC and u/s 4 of Dowry Prohibition Act has been registered at Police Station Padav, Gwalior which is Annexure P/2. It was also submitted that instead of conducting the investigation, FIR Annexure P/2 has been sent to Police Station Jhansi (U.P.) on the ground that the alleged offence was committed within the jurisdiction of Jhansi police. The decision taken by Mahila Police Station Padav Gwalior is against the basic principle of determining the jurisdiction related issue and it is against the provisions of the Code, hence liable to be set aside.
On the contrary, learned Public Prosecutor argued that the disputed FIR Annexure P/2 was not registered on the basis of Annexure P/1. Annexure P/2 was registered on the basis of information and written complaint submitted by the petitioner on 18-05-2013 and on bare perusal of contents of Annexure P/2 it is crystal clear that all the allegations made by the petitioner shows that the offence was committed within the jurisdiction of Jhansi police. It was also submitted that the contents of Annexure P/2 is altogether different than that of Annexure P/1. Written complaint Annexure P/1 has never been filed before the police authority, therefore, the relief which has been sought by the petitioner through this petition cannot be granted.
Having regard to the arguments advanced by the parties, record is perused.
After perusal of the record, in the opinion of the Court, the contents of Annexure P/2 are altogether different from the contents of Annexure P/1. As per the allegations made in Annexure P/2 the offence was committed within the jurisdiction of Police Station, Jhansi, therefore, decision of Mahila Police Station, Padav Gwalior is not erroneous and is not liable to be set aside. Accordingly, the petition is devoid of merits and is hereby dismissed.