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Showing contexts for: section 407 in Mukesh Kumar vs State Of Uttarakhand on 6 March, 2024Matching Fragments
Upon hearing the learned counsel, the court made following Judgment: (Per Mr. Rakesh Thapliyal, J.)
1. This application has come before this Court on a reference made by the Coordinate Bench by order dated 19.02.2024, since another Coordinate Bench of this Court opined that transfer of investigation would fall under Section 407 (a) Cr.P.C. where an inquiry too can be transferred.
2. Before deciding the issue, first of all, the facts of the case are required to be highlighted. Present transfer application has been moved by the applicant under Section 407 Cr.P.C. for transferring the investigation of FIR No. 176 of 2023, registered at Police Station - Mangalour, District - Haridwar on 26.02.2023 for the offences punishable under Section 323, 325, 504 IPC to any other police station, outside or inside the District of Haridwar or to CBCID or to any other investigating agency.
5. In the order dated 19.02.2024, the another Coordinate Bench of this Court has taken note of the order passed by another Coordinate Bench dated 21.08.2023 passed in WPCRL No. 1156 of 2023, as extracted above and opined that prima facie, only an inquiry or trial can be transferred from one court to another by this Court while exercising powers under Section 407 Cr.P.C.
6. Now, the issue which is required to be decided that "while exercising the powers as conferred under Section 407 Cr.P.C. whether investigation can be transferred". In reference to this, learned Coordinate Bench in the order dated 19.02.2024 referred Section 2 (g) of the Cr.P.C., which defines inquiry, which is being reproduced as under:
8. On close scrutiny of these two definitions, i.e. "inquiry" and "investigation", if we take into consideration the definition of "inquiry", as defined under Section 2 (g) Cr.P.C. and definition of "investigation", as defined under Section 2 (h) Cr.P.C., Section 407 Cr.P.C. gives powers to transfer the case or appeal from one court to another, it does not include the investigation.
9. On plain reading of Section 407 Cr.P.C. it is very clear that only inquiry or trial can be transferred, in exercise of power under Section 407 Cr.P.C., but investigation cannot. For deciding the issue, this Court takes note of the judgment rendered by Hon'ble Supreme Court in the case of Dr. Ram Chander Singh Sagar and another Vs. State of Tamil Nadu and another (1978) 2 SCC 35. In this case, the Hon'ble Supreme Court has considered the issue whether by invoking powers conferred by Section 406 Cr.P.C. the case or appeal can be transferred from one High Court or a court subordinate to one High Court to another High Court to a court subordinate thereto. Whether investigation can be transferred from one police station to another in the country simply because the FIR or a remand report is forwarded to a court and the Hon'ble Supreme Court dismissed the petition.
12. In the similar circumstances, the Karnataka High Court in the case of M/s Achievers Agri India (P) Ltd. Vs. State in Criminal Petition No. 3156 of 2022 decided on 16.01.2024, 2024 Live Law (Kar.) 41 after relying upon the judgments Ram Chander Singh Sagar and Rhea Chakraborty (supra) has held that transfer of FIR amounts to transfer of investigation and investigation cannot be transferred by invoking powers under Section 407 Cr.P.C. Only cases and appeals can be transferred under Section 407 Cr.P.C.