In (1999) 8 SCC 728 Satvinder Kaur vs. State (Govt. of NCT of Delhi) and another, the question of
registration and investigation of an FIR lodged at the place of residence was dealt with and
considered by the Supreme Court and the Supreme Court made the following observations:-
8. In our view, the submission made by the learned counsel for the appellant requires to be
accepted. The limited question is whether the High Court was justified in quashing the FIR
on the ground that Delhi Police Station did not have territorial jurisdiction to investigate the
offence. From the discussion made by the learned Judge, it appears that learned Judge has
considered the provisions applicable for criminal trial. The High Court arrived at the
conclusion by appreciating the allegations made by the parties that the SHO, Police Station
Paschim Vihar, New Delhi was not having territorial jurisdiction to entertain and investigate
the FIR lodged by the appellant because the alleged dowry items were entrusted to the
respondent at Patiala and that the alleged cause of action for the offence punishable under
Section 498-A IPC arose at Patiala. In our view, the findings given by the High Court are,
on the face of it, illegal and erroneous because:
(1) The SHO has statutory authority under Section 156 of the Criminal Procedure Code to
investigate any cognizable case for which an FIR is lodged.
(2) At the stage of investigation, there is no question of interference under Section 482 of the
Criminal Procedure Code on the ground that the investigating officer has no territorial
jurisdiction.
(3) After investigation is over, if the investigating officer arrives at the conclusion that the
cause of action for lodging the FIR has not arisen within his territorial jurisdiction, then he is
required to submit a report accordingly under section 170 of the Criminal Procedure Code
and to forward the case to the Magistrate empowered to take cognizance of the offence.
This would be clear from the following discussion. Section 156 of the Criminal Procedure
Code empowers the police officer to investigate any cognizable offence. It reads as under :
?156 Police officer's power to investigate cognizable case ? (1) any officer in charge of a police
station may, without the order of a Magistrate, investigate any cognizable case which a court
having jurisdiction over the local area within the limits of such station would have power to
enquire into or try under the provisions of Chapter XIII.
(2) No proceedings of a police officer in any such case shall at any stage be called in question
on the ground that the case was one, which such officer was not empowered under this
section to investigate.
(3) Any Magistrate empowered under Section 190 may order such an investigation as above
mentioned.?
10. It is true that territorial jurisdiction also is prescribed under sub-section (1) to the extent
that the officer can investigate any cognizable case which a court having jurisdiction over the
local area within the limits of such police station would have power to enquire into or try
under the provisions of Chapter XIII. However, sub-section (2) makes the position clear by
providing that no proceedings of the police officer in any such case shall at any stage be
called in question on the ground that the case was one which such officer was not
empowered to investigate. After investigation is completed, the result of such investigation is
required to be submitted as provided under Sections 168, 169 and 170. Section 170
specifically provides that is, upon an investigation, it appears to the officer in charge of the
police station that there is sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a magistrate, such officer shall forward the accused under
custody to a Magistrate empowered to take cognizance of the offence upon a police report
and to try the accused or commit for trial. Further, if the investigating officer arrives at the
conclusion that the crime was not committed within the territorial jurisdiction of the police
station, then FIR can be forwarded to the police station having jurisdiction over the area in
which the crime is committed. But this would not mean that in a case, which required
investigation, the police officer can refuse to record the FIR and/or investigate it.
