{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1729 OF 2010 1. Anand s/o Prakash Rathi Age-26 years, Occ-Hotel 2. Prakash s/o Meghrajji Rathi, Age-65 years, Occ-Hotel 3. Chandrakala w/o Prakash Rathi, Age-55 years, Occ-Household 4. Sonal d/o Prakash Rathi, Age-23 years, Occ-Part Time Lecturer All R/o Nehru Maidan, Old Bus Stand, Dhamangaon Railway Dist-Amravati APPLICANTS VERSUS 1. Sow.Yogita w/o Anand Rathi Age-26 years, Occ-Household Permanent R/o Dhamangaon Railway Dist-Amravati Presently residing at Sony Agency Opp-Bus Depot, Ltur Dist-Latur 2. The State of Maharashtra Through Police Station Officer, Shivaji Nagar Police Station, Latur, Dist-Latur RESPONDENTS ....... Mr. N.B.Suryawanshi, Advocate for the applicants {2} Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th July 2010 ORAL JUDGMENT : 1. Inspite of due service of notice, respondent No.1 absent. 2. Heard learned counsel for the applicants and learned APP. 3. The only point involved in this application is as to whether the Shivaji Nagar Police Station, Latur is competent to take cognizance of the offence registered at CR No.71/2010 lodged by respondent No.1, on the ground of jurisdiction. 4. Rule. 5. Rule made returnable forthwith. 6. By consent of the learned counsel for the parties, heard finally at the stage of admission itself. 7. Such of the facts, as are necessary for the just decision {3} of this criminal application, can be summarized thus - a) The first applicant and first respondent are husband and wife. Admittedly, after marriage, on 12th December 2008, the first respondent had started residing with her husband and in laws at Dhamangaon. Applicants No.2 and 3 are parents in law of the first respondent and applicant No.4 is the sister in law of the first respondent. b) It appears that during the stay of the first respondent, original complainant, at her matrimonial house, there was alleged harassment by the applicants. It further appears that due to dispute between the first applicant and the first respondent, one document in the nature of deed of divorce on a stamp paper, purchased on 16.01.2010, was executed. However, there is no reference to this effect in the complaint lodged at Shivaji Nagar police station, Latur at CR No.71/2010. There is reference that due to harassment of the applicants, the complainant, first respondent, has left the matrimonial house and started residing at her parents house at Latur and after her return to Latur, the present complaint came to be lodged by her. 8. As inspite of service of notice, respondent No.1 did not turn up, with the assistance of learned counsel for the applicants and learned APP, perused the entire record. On bare perusal of the allegations against the applicants, though accepted as it is, it is {4} clear that all the incidents / events alleged in the complaint have taken place at Dhamangaon i.e. in the matrimonial house of the complainant, which admittedly falls within the jurisdiction of Dhamangaon Railway police station, Dist-Amravati. 9. This Court, in Criminal Application No.3821/2009 decided on 29.01.2010, in the matter of “Ajaykumar Chordiya V/s State of Maharashtra” has taken a view that if an offence is committed within the jurisdiction of another police station and if the same is lodged and registered in another police station, then the police station in which the same is lodged, to register the said offence at Zero (0) number and then to transfer the same for further investigation to the competent police station. In view of this and considering the fact that admittedly, all the incidents / events of harassment alleged in the complaint have taken place at Dhamangaon Railway, Shivaji Nagar Police Station, Latur is not competent to take cognizance of the same. Therefore, though the applicants have approached this Court for quashing of the FIR, this Court is not in agreement with the same, however, in terms of the alternate prayer, as it is prayed to direct respondent No.2 to transfer the FIR and papers of CR No.71/2010 to Dhamangaon Railway police station, Dist-Amravati, I feel that this prayer requires to be granted. 10. Resultantly, the criminal application is allowed. The offence registered at CR No.71/2010 with Shivarji Nagar Police {5} Station, Latur is hereby transfered to Dhamangraon Railway police station, Dist-Amravati. Shivaji Nagar Police Station, Latur to hand over all the papers in respect of CR No.71/2010 to Dhamangaon Railway police station, Dist-Amravati. Dhamangan Raiway police station, Dist-Amravati, is hereby directed to carry out the investigation in the matter and take action, if any, against the applicants, in accordance with law. 11. Rule is thus made absolute on the terms indicated above. Application stands disposed of accordingly. Certified copy expedited. [A.V.POTDAR, J.] drp/B10/criapln1729-10