TMI Blog2022 (12) TMI 1488X X X X Extracts X X X X X X X X Extracts X X X X ..... 156(3) directed investigation into the complaint. It was open to the respondent to raise objections with regard to territorial jurisdiction at the time when directions were issued by the learned MM directing investigation. Once the order has been passed by the magistrate directing investigation, it is not open to the police to raise objection regarding territorial jurisdiction. In fact, in the present case, the Addl. Commissioner of Police has transferred investigation from Delhi to Greater Noida, U.P. This is tantamount to reviewing the order of MM which only a superior court has the authority to do. A bare perusal of the complaint clearly shows that the complainant is a resident of Model town, Delhi. He carried Rs. 50,00,000 in cash a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused persons abducted the petitioner and took him to Noida for finalizing an import deal where there was extortion and he was also robbed of Rs. 50,00,000. It is further stated that he was illegally detained at Surajpur and was also coerced to issue cheques worth Rs. 5.75 crores. When no action was taken on his complaint, the petitioner moved an application under section 153 Cr.PC before the concerned court at Rohini. 3. The Court of the learned Metropolitan Magistrate (MM), Delhi on 11.03.2019 passed an order stating 5. From the allegations and material available on record, clearly cognizable offence is made out and matter requires investigation. Accordingly, SHO concerned is directed to register an FIR in the present matter against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Negotiable Instruments Act pending between the parties. The seven cases under NI Act are pending in Gautam Budh Nagar, Noida and the other two FIRs which were also pending in Noida have already been cancelled. It further states that the alleged incident had taken place in PS Surajpur, Noida and that the investigation which was carried out did not establish any abduction of the petitioner from Delhi to Noida because the petitioner himself drove down to Noida. As a result, the case file was transferred vide order No. 517/ So/ Addl. CP/ Crime(HQ) dated 02.12.2020 of Addl. Commissioner of Police, Crime to the DGP, UP Police, Lucknow. 8. The learned counsel for the respondent has stated that because no cause of action or incident was rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. 13. In the present case, the metropolitan magistrate while exercising his powers under section 156(3) directed investigation into the complaint. It was open to the respondent to raise objections with regard to territorial jurisdiction at the time when directions were issued by the learned MM directing investigation. Once the order has been passed by the magistrate directing investigation, it is not open to the police to raise objection r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. It was open to the learned Magistrate to direct an investigation under Section 156(3) Cr.P.C. without taking cognizance on the complaint and where an investigation is undertaken at the instance of the Magistrate a Police Officer empowered under Sub-section (1) of Section 156 is bound, except in specific and specially exceptional cases, to conduct such an investigation even if he was of the view that he did not have jurisdiction to investigate the matter. 33. .. we are only required to consider whether the investigating officer in respect of an investigation undertaken under Section 156(3) CrPC can file a report stating that he had no jurisdiction to investigate into the complaint as the entire cause of action had arisen outside his juri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an offence. 20.3. Where an offence is committed partly in one area and partly in another, it may be inquired into or tried by a court having jurisdiction over any of such local areas. 20.4. In the case of a continuing offence which is committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas. 20.5. Where an offence consists of several acts done in different local areas it may be inquired into or tried by a court having jurisdiction over any of such local areas. (Numbers 2 to 5 are traceable to Section 178) 20.6. Where something is an offence by reason of the act done, as well as the consequence that ensued, then the offence may be inquired into or tried by a court wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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