Power of police to transfer fir to other state


Dear Sir/Madam

In this interesting case two 498A FIRs (and other sections) were registered one in Delhi (lodged by wife) and later (on same date) in Uttar Pradesh (lodged by father of wife). There is no incident or allegation of Delhi in the any of the two FIR. Husband filed for quashing U.P. FIR in Allahabad High Court including on the ground of double jeopardy which was denied by HC with a two liner order. This order was not challenged in SC. 

After decision of Allahabad HC (almost 6 months after filing of FIR), U.P. Police with the approval of DIG Police, transferred the U.P. FIR to Delhi on the ground that wife is residing in Delhi. As per Uttar Pradesh Magistrate Court records there is no Police Report in file and thus case is pending!!  The girl side is having good connections and apparently they were able to influence and got the U.P. FIR transferred in this manner. (Their influence is much higher in Delhi and that is why they want the trial in Delhi)

I need the help and guidance of legal luminaries here on the following:-
(i) whether the action of transferring FIR in such a manner legal or illegal? [As per my understanding only SC can do inter state transfer of FIR]. [Police can transfer the FIR to any other P.S. (Police Station) if the P.S. which registered the FIR is not having jurisdiction].
(ii) if it is illegal which law (section/Act) has been violated?
(iii) What is the remedial action which can be taken by husband?

Thanks & Regards
Rajen

 
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CEO

ONLY sUPREME COURT HAVE POWERS TO TRANSFER AN fir/CRIMINAL COMPLAINT FROM ONE STATE TO ANOTHER STATE.pOLICE HAVE NO SUCH POWER.yOU MOVE AN APPLICATION IN SUPREME COURT TO TRANSFER THE CASE/fir BACK TO UP AS THERE IS HIGH LIKELIHOOD OF YOUR WIFE AND IN LAWS INFLUENCING THE TRIAL AS THEY ENJOY LOTS OF CLOUT IN DELHI AS POLICE HAVE NO POWERS TO  TRANSFER  FIR   FROM ONE STATE TO ANOTHER STATE   since IT IS ILLEGAL.

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

Supreme Court will transfer a case from one State to another State only if there is a reasonable apprehension on the part of a party to a case that justice will not be done. Mere apprehension that the accused are influential may not be sufficient to transfer the case. 

 
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Advocate

The facts are less than convincing; may they are stated incorrectly.

 
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Dear Madam and Sirs thaks for your replies. 

@ Usha Mam I also believe that they have violated the law. But which law? Can you please tell me the Act/Code name and section number etc. Is there any judgement on Police power to transfer FIR? I want to complain to their seniors so that they write to Delhi Police and call back the FIR. If I go to SC I ll have to bear the costs and there is always a risk involved.  

 

@ Rama Sir, I ll clarify myself, my query is not regarding that I want to go to SC for transfer of FIR. My query is regarding Police power to inter-state transfer FIR. Specially in a case when the transferring police station has the jurisdiction !! I believe there is violation of law. I need guidance for taking it up with DGP office. 

 

@ Venu sir, the facts are true. If you can tell me which particular fact you think is non-convincing, I ll try to explain/detail that fact. My query is how can a police station having jurisdiction do inter-state transfer of FIR by mere letter (without court order)? merely for the convenience of alleged victim. 

 

looking forward for further help in tha matter

 
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Respected RK Gupta,

The power to transfer a FIR rests with the Police u/s 170 of CrPC from one jurisdiction to another jurisdiction. when they feel either from the contents of FIR the allegations have taken place in your case at Delhi or they do an investigation and  find out that some portion of allegations had taken place at Delhi. Implicitly understanding your case Police might have been bribed and hence they took this step. 

Options :

a)  You can file a writ petition u/s 226/227 Constitution of India with UP High court to transfer the case from Delhi back to UP. Refer Niraj Trivedi v/s state of Bihar Judgment given by Justice Shiv Narayan Dhingra  whereby he transferred a case from Patna to Delhi in similar manner.

b)  If you are saying there is no allegation of cruelty in the FIR at Delhi then you can refer Bimla Rawal v/s State of UP Judgment ( Google it) wherein Hon'ble Delhi High Court had transferred the FIR from Delhi to Mumbai as there was no allegation of cruelty in Delhi. This means you need to go to Delhi HC to file this case.

In my view Option  a will suit you the most. Please read through the Judgments, take print out and then go to which ever lawyer you need to go to in UP.


Total likes : 1 times

 
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Respected Mahadev Sir

Thanks for understanding my issue so precisely and also thanks for your specific reply to my query. 

Your reply has really helped my understanding and confidence on the issue.

The two judements of Niraj Trivedi and Bimal Rawal refer to registration of FIR without jurisdiction. 

If you could please also help me with some judgement on power of police to transfer FIR to other State even when the transferor Police Station has the jurisdiction on the FIR. 

Also I want to take it up with DGP office administratively before I approach the HC

Thanks & Regards

 
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