Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court

The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued.

The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by accused seeking transfer of criminal case from the Court of Metropolitan Magistrate at New Delhi to the Court of Metropolitan Magistrate at Allahabad (Prayagraj), Uttar Pradesh.

In this case, FIR was filed under Section 389 read with 34 IPC against 4 accused. According to the complainant, he learnt from the newspaper reports and T.V. media report that the accused had falsely alleged that she was gang raped in his house. It was also stated that he had received messages to pay Rs. 5 Crore otherwise he would be arrested on the ground of gang rape. Putting person in fear of accusation of offence, in order to commit extortion, is an offence punishable under Section 389 IPC.

"In a criminal case, the place of inquiry and trial has to be by the Court within whose local jurisdiction, the crime was allegedly committed as provided by Section 177 of Cr.P.C. "177. Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.".. The cause of action as per the averments in the FIR are alleged to have arisen in New Delhi, where the matrimonial home of the Petitioner is situated. This court has consistently held that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued", the bench observed. 

The court referred to observations made in Abraham Ajith v. Inspector of Police (2004) 8 SCC 100.

The court noted that, in the present case, if the Transfer Petition is allowed, the official witnesses would be required to travel from New Delhi to Allahabad (Prayagraj), which would cause hinderance in performing their official duties. The bench, therefore, dismissed the transfer petition.

Case: Swaati Nirkhi Vs. State (NCT Of Delhi) [TRANSFER PETITION (CRL.) NO. 262 of 2018]
Coram: Justices Ashok Bhushan and Indu Malhotra
Citation: LL 2021 SC 148

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