What did the Supreme Court decide in this case?

The Court said High Courts should not transfer an investigation at the very start. Under Section 156 CrPC, police decide which station investigates.

Why was the High Court order set aside?

The order moved the case from Vadodara to Waghodia without reasons, without hearing the complainant, and without checking territorial jurisdiction.

What happened to the investigation already done at Waghodia?

Once the transfer order was quashed, the Waghodia investigation and charge sheets lost their legal footing and ceased to have jurisdiction.

Which law governs the power to investigate?

Section 156 of the Code of Criminal Procedure, 1973 gives police the power to investigate cognizable offences and allocate the police station.

What is the practical takeaway for students?

Courts rarely interfere at the initial investigation stage. Ask: who has statutory power? Here, it is the police, not the High Court, unless strong reasons exist.

Naresh Kavarachand Khatri v. State of Gujarat

Quick Summary

This case sets a simple rule: at the start of a case, police choose the police station that investigates. A High Court should not quickly shift the investigation to another station without clear reasons. The Supreme Court corrected such a transfer here and restored the proper jurisdiction.

CASE_TITLE: Naresh Kavarachand Khatri v. State of Gujarat PRIMARY_KEYWORDS: transfer of investigation; Section 156 CrPC SECONDARY_KEYWORDS: High Court powers; police jurisdiction; FIR PUBLISH_DATE: 2025-11-02 AUTHOR_NAME: Gulzar Hashmi LOCATION: India Slug: naresh-kavarachand-khatri-v-state-of-gujarat

Issues

Can a High Court, at the initial stage, transfer an investigation from one police station to another?

Rules

Section 156, CrPC, 1973: Police control investigation of cognizable offences, including allocation to the proper police station.
Courts should avoid interference at the start, and must give reasons if they ever step in.

Facts (Timeline)

Admission Assurances: Respondent promised school admissions to Appellants’ children and took large sums.

Cancellation: After fees were paid, admissions were cancelled.

FIR at Vadodara: FIR under IPC Sections 406, 420, 120-B; Vadodara Police began investigation.

HC Transfer Order: High Court moved the investigation to Waghodia Police Station without reasons.

Appeal: Appellants challenged the transfer before the Supreme Court.

Arguments

Appellant

Vadodara had territorial links; investigation already started there.
HC gave no reasons; complainant not heard; transfer harms fairness.
Section 156 CrPC vests investigation control in police, not courts.

Respondent

Sought change of police station by court order.
Implied concerns about impartiality at Vadodara (not backed by reasons on record).

Judgment

The Supreme Court allowed the appeal. It held that the High Court acted in undue haste and without reasons. The transfer order was set aside. As a result, the investigation and charge sheets filed at Waghodia lost jurisdictional validity.

Ratio Decidendi

Investigation lies with the police under Section 156 CrPC. A High Court should not transfer an investigation at the outset unless there are compelling reasons noted on record and jurisdiction is carefully verified.

Why It Matters

Protects the separation of roles: police investigate, courts supervise lawfully.
Prevents forum shopping and arbitrary shifts of cases between police stations.
Stresses the need for reasons and jurisdiction checks before court interference.

Key Takeaways

Police choose the station: CrPC 156.
High Court transfers at the start are exceptional, not routine.
Orders must show reasons; hear necessary parties.
Territorial links matter for police station jurisdiction.

Mnemonic + 3-Step Hook

Mnemonic: “POLICE FIRST, COURT LATER”

Who? Police own investigation (S.156).
When? Court steps in only with strong reasons.
Where? Check territorial nexus before any transfer.

IRAC Outline

Issue

Can the High Court transfer investigation between police stations at the initial stage?

Rule

Section 156 CrPC vests investigation in police; court interference is limited and reason-bound.

Application

HC shifted case from Vadodara to Waghodia without reasons or hearing the complainant; territorial link to Vadodara existed.

Conclusion

Transfer order quashed; Waghodia investigation/charge sheets lost jurisdiction; appeal allowed.

Glossary

Section 156 CrPC: Police power to investigate cognizable offences and decide the station.
Jurisdiction: Legal power of a court/police station over a case or area.
Cognizable Offence: Offence where police can register FIR and investigate without court order.