APPLICATION FOR TRANSFER OF INVESTIGATION ON THE GROUND OF LACK OF TERRITORIAL JURISDICTION

 

In the Court of the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

 

Ref.: Ballygunge Police Station Case No. 10 of 2026

Corresponding to CGR No. 302 of 2026

Under Section 61(2), 318(4), 316(2) BNS 2023

 

In the matter of;

 

State of West Bengal,

                    ________Complainant

Debasish Adhikary,

          _____Defacto Complainant

-      Versus –

Sri Vicky Singh, & Ors.

                    ________Accused

 

APPLICATION FOR TRANSFER OF INVESTIGATION ON THE GROUND OF LACK OF TERRITORIAL JURISDICTION;

 

The humble Petition on behalf of the above named Defacto-Complainant Debasish Adhikary, most respectfully;

Sheweth as under;

 

1.   That the above referred FIR has been initiated by the Ballygunge Police Station, in pursuing the Order dated 21-01-2026, passed in Serial No. 222 of 2025, by this Learned Court. The said FIR as referred herein above has been booked on 30-01-2026, by the Ballygunge Police Station, as so far transpired from the Certified Copy of the said FIR, obtained.

 

2.   That it is pertinent to states that an application under Section 175(3) of the BNSS 2023, has been preferred by the Defacto Complainant on 22-09-2025, before the Learned Court, which registered as Serial No. 222 of 2025, and whereas the Learned Court passed necessary Order vide Order no. 01, dated 22-09-2025, and thereby directed the O/C, Ballygunge Police Station for the preliminary enquiry, into the matter of Complaint of the Defacto-Complainant and fixed the date on 01-11-2025 for Report.

 

3.   That on 01-11-2025, O/C, Ballygunge Police Station files a report that the jurisdiction is under the Gariahat Police Station, and upon such satisfaction the Learned Court re-issue its earlier direction of preliminary enquiry on the O/C, Gariahat Police Station, and asked for report on such preliminary enquiry by fixing the date on 08-12-2025, for report from O/C, Gariahat Police Station.

 

4.   That on 08-12-2025, O/C, Gariahat Police Station seeks time to submit report on preliminary enquiry, and therefore the Learned Court was pleased to fixed date on 21-01-2026, for report.

 

5.   That on 21/01/2026, the O/C, Gariahat Police Station submitted a detailed preliminary enquiry report, which concluded as during the course of enquiry, cognizable offence appears to have been committed. Therefore, apparently it is well presumed that the direction for FIR and investigation thereby would be on the O/C, Gariahat Police Station and not on the O/C, Ballygunge Police Station.

 

6.   That However, mistakenly, the Learned Court direct the O/C, Ballygunge Police Station for the FIR and investigation insist of the O/C, Gariahat Police Station by the Order dated 21-01-2026, passed in Serial No. 222 of 2025, by the Learned Court.

 

7.   That in the given facts that the O/C, Ballygunge Police Station has already been raised the territorial jurisdictional issues suggesting thereby that matter of complaint of the defacto complainant lie within the territorial jurisdiction of the Gariahat Police Station by a report dated 29-10-2025, as the concerned accused office premises are in the territorial jurisdiction of the Gariahat Police Station, which has been considered and directed to the O/C, Gariahat Police Station by Order dated 01-11-2025, passed in Serial No. 222 of 2025, by the Learned Court. Therefore, any further direction on the O/C, Ballygunge Police Station for FIR and Investigation does not arise by any stretch of imagination and further more while the preliminary enquiry report has been placed by the O/C, Gariahat Police Station on 21-01-2026, thus on consideration of such report of Gariahat Police Station, Ballygunge Police Station should not be directed for treating the application of the Defacto-Complainant and Investigation thereof, in any manner, whatsoever.

 

8.   That in the circumstances, as appeared that on a bonafide mistake, in the said Order dated 21-01-2026, has been passed in Serial No. 222 of 2025, by the Learned Court. Therefore the Defacto-Complainant seeks a direction on the O/C, Ballygunge Police Station to transferred the present FIR no. 10 of 2026, to the O/C, Gariahat Police Station for investigation as the Ballygunge Police Station has no territorial jurisdiction.

 

9.   That in the aforesaid facts and circumstances, it is most humbly submitted that the continuation of investigation by the O/C, Ballygunge Police Station, in connection with Ballygunge Police Station Case No. 10 of 2026 corresponding to CGR No. 302 of 2026, is wholly improper, without jurisdiction and contrary to the settled principles of criminal law, inasmuch as the alleged place of occurrence, the office premises of the accused persons, and the material facts constituting the alleged offences, are all situated within the territorial limits of Gariahat Police Station. It is a settled proposition of law that investigation must ordinarily be carried out by the police station having territorial jurisdiction over the place of occurrence, and any deviation therefrom, unless justified by exceptional circumstances, renders the investigation vulnerable to challenge.

 

10.                That it is further submitted that the Learned Court, having already taken cognizance of the jurisdictional aspect on the earlier occasion and having been pleased to direct the O/C, Gariahat Police Station to conduct preliminary enquiry, and thereafter having received a detailed enquiry report from the said police station confirming commission of cognizable offences, the subsequent direction inadvertently issued upon the O/C, Ballygunge Police Station appears to be an apparent error on the face of the record, which requires correction in the interest of justice, equity and fair investigation. The said inadvertent direction, if allowed to continue, may result in multiplicity of proceedings, administrative complications, and prejudice to the prosecution case at a later stage.

 

11.                That the Defacto-Complainant states that he has no intention to delay or obstruct the process of law, but rather seeks to ensure that the investigation is carried out by the competent police authority having proper territorial jurisdiction, so that the investigation is conducted effectively, fairly and in accordance with law. It is further submitted that such transfer of investigation from Ballygunge Police Station to Gariahat Police Station would not cause any prejudice to any of the parties, but on the contrary would facilitate a proper and lawful investigation into the allegations made in the complaint.

 

12.                That the present petition is made bona fide and in the interest of justice, and unless the relief as prayed for is granted, the Defacto-Complainant shall suffer irreparable loss and injury, and the very purpose of initiating the criminal proceeding may be frustrated due to lack of jurisdiction and possible procedural infirmities in the investigation.

 

13.                Enclosing herewith the Photostat of certified copy of all orders in Serial No. 222 of 2025, and marked as Annexure – “A”.

 

14.                Further Enclosing herewith the Photostat of certified copy of all reports submitted by the concern Police Station, in Serial No. 222 of 2025, and marked as Annexure – “B”.

 

 

In the premises aforesaid, it is most humbly prayed that Your Honour may graciously be pleased to;

 

a) Direct the O/C, Ballygunge Police Station to forthwith transfer the investigation of Ballygunge Police Station Case No. 10 of 2026 (FIR No. 10/2026) corresponding to CGR No. 302 of 2026, to the O/C, Gariahat Police Station, being the police station having territorial jurisdiction over the alleged place of occurrence;

 

b) Pass such further or other order or orders as Your Honour may deem fit and proper in the interest of justice.

 

And for this act of kindness, the Defacto-Complainant as in duty bound shall ever pray.

15.Bottom of Form

 

         

VERIFICATION

 

I, Debasish Adhikary, the Defacto-Complainant above named, do hereby verify that the statements made in paragraphs 1 to 8 of the foregoing petition are true to my knowledge and those made in paragraphs 9 to 12 are based on legal advice which I believe to be true.

 

Verified at Alipore, South 24 Parganas, on this the ____ day of April, 2026.

 

 

 

 

Deponent

 

Identified by me,

 

Advocate

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Debasish Adhikary, Son of Sri Sridam Adhikary, aged about 32 years, by faith Hindu, by occupation Business, working for gain presently as the Director of Debarpita Overseas Private Limited, having its office at Premises No. 4499, Tegharia, Narendrapur Station Road, Post Office – Ramkrishna Pally, Police Station – Narendrapur, District – South 24 Parganas, Kolkata – 700150, do hereby solemnly affirm and state as follows;

 

1. That I am the Defacto-Complainant in connection with Ballygunge Police Station Case No. 10 of 2026 corresponding to CGR No. 302 of 2026, now pending before the Learned Chief Judicial Magistrate at Alipore, South 24 Parganas, and as such I am well acquainted with the facts and circumstances of the case and competent to swear this affidavit.

 

2. That I have filed the accompanying petition praying, inter alia, for transfer of investigation from Ballygunge Police Station to Gariahat Police Station on the ground of lack of territorial jurisdiction.

 

3. That the statements made in the accompanying petition are true to my knowledge and belief, and I have not suppressed any material fact.

 

4. That this affidavit is made bona fide and in the interest of justice.

 

 

 

 

Deponent

 

Identified by me,

 

Advocate