Case 05 of 30 in Law Easy's Supreme Court criminal procedure series. Satvinder Kaur v. State (Govt. of NCT of Delhi), Supreme Court of India, 1999.
FACTS
The appellant was married in Delhi and her matrimonial home was in Patiala. She alleged she was thrown out with a four-week-old child and lodged an FIR in Delhi for criminal breach of trust over dowry articles and for cruelty. The Delhi High Court quashed the FIR because Delhi Police lacked territorial jurisdiction.
WHAT THE COURT HELD
The Supreme Court set aside that order. An officer in charge of a police station has statutory authority to investigate any cognizable case on an FIR, and at the investigation stage an FIR cannot be quashed merely for lack of territorial jurisdiction. If the offence was committed elsewhere, the officer can forward or transfer the case, but he cannot refuse to record the FIR or investigate on that ground.
CURRENT LAW
Section 173(1) B.N.S.S. now allows information about a cognizable offence to be given irrespective of the area of the offence (the Zero FIR), and Section 175(2) protects the investigation from objections about the officer's power.
WATCH MORE
All 30 cases in order (playlist):
https://www.youtube.com/playlist?list=PLYOVyhaD5Gdw
Complete lecture with case-wise chapters (1 hr 52 min):
https://youtu.be/xrBwaWooHmg
Previous case (Case 04): Youth Bar Association v Union of India (2016) -
https://youtu.be/rk3LWS2bzCo
Next case (Case 06): Nandini Satpathy v P.L. Dani (1978) -
https://youtu.be/c-QF15CfDns
Notes and resources:
https://www.thelaweasy.com
Useful for LL.B., CLAT PG, UGC NET Law and Judiciary exam preparation. This video is for education only and is not legal advice.
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