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Case Law Details

Case Name : Aaisha Uttarwar Vs State of Chhattisgarh (Chhattisgarh High Court)
Appeal Number : Writ Petition (Cr.) No. 190 OF 2015
Date of Judgement/Order : 29/04/2016
Related Assessment Year :
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Station House Officer of Police Station can transfer case diary of cognizable offence only after completion of investigation to Police Station having jurisdiction.

1. Petitioner herein seeks to challenge the transfer of First Information Report (hereinafter referred as “F.I.R.”) No. 0/2015 registered at Police Station Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh) dated 28/06/2015 for offence under Section 498-A of the Indian Penal Code (hereinafter called as “IPC”) by the Superintendent of Police, Bilaspur to the Police Station Alwal, District Secunderabad (Telangana) by its memo. order dated 09/07/2015.

2. The aforesaid challenge has been made by the petitioner herein on following factual backdrop :-

2.1 The petitioner was married to Shri Varun Chandra Madhani on 18/12/2014 at Bilaspur and after the marriage, the petitioner stayed with her husband and inlaws at Vainkatpuram, Police Station Alwal, District Secunderabad (Telangana).

2.2 It is the case of the petitioner that she was treated with cruelty in connection with demand of dowry by her husband and in-laws at her matrimonial home at Vainkatpuram and on account of ill-treatment meted with her at her matrimonial home, she came back to her parental house at Bilaspur on 24/03/2015 and filed a complaint before the Police Station Tarbahar Bilaspur, District Bilaspur on 26/04/2015. Ultimately, upon preliminary inquiry, on 28/06/2015, F.I.R. No. 0/2015 for the offence under Section 498-A of the IPC was registered against the petitioner’s husband and in-laws in the Police Station Tarbahar Bilaspur, District Bilaspur (Chhattisgarh).

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