- Court
- Supreme Court of India
- Decided
- 3 May 2010
- Bench
- Markandey Katju, A. K. Patnaik
- Case no.
- Criminal Appeal Nos. 961-962 of 2010
- Result
- Appeal allowed.
Headnote
Code of Criminal Procedure, 1973:
s.482 - Summoning order challenged by accused on the ground of lack of territorial jurisdiction of trial court - Petition rejected by High Court - HELD: In such cases where the accused or any other person raises an objection that the trial court has no jurisdiction in the matter, the said person, instead of rushing to higher court, should file an application before the trial court making this averment and giving the relevant facts - Whether a court has jurisdiction to try! entertain a case will, at least in part, depend upon the facts of the case - The trial court should after hearing both the sides and recording evidence, if necessary, decide the question of jurisdiction before proceeding further with the case - Impugned order set aside - Appellant, if so advised, may approach the trial court with a suitable application in this regard.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
ORDER
Heard learned counsel for the parties.
¶2Leave granted.
¶3This appeal has been filed against the impugned judgment and order dated 14.05.2009 of the High Court of Delhi whereby the petition filed under Section 482 Cr.P.C. by the petitioner herein has been dismissed.
¶4The appellant herein is an accused under Sections 415/ 420 IPC in which summons have been issued to him by a Court at Delhi. He challenged the summoning order on the ground that it is only the Court at Bombay which has jurisdiction to try and entertain the complaint. His petition under Section 482 Cr.P.C. Challenging the summoning order has been rejected by the High Court by the impugned order. Hence he is before us in this appeal.
¶5In our opinion, in such cases where the accused or any other person raises an objection that the Trial court has no jurisdiction in the matter, the said person should filed an application before the Trial Court making this averment and giving the relevant facts. Whether a court has Jurisdiction to try/ entertain a case will, at least in part, depend upon the facts of the case. Hence, instead of rushing to the higher Court against the summoning order, the concerned person should approach the Trial court with a suitable application for this purpose and the Trial court should after hearing both the sides and recording evidence, if necessary, decide the question of jurisdiction before proceeding further with the case.
¶6For the reason stated herein above, the impugned judgment and order is set aside and the appeal is allowed. The appellant, if so advised, may approach the Trial Court with a suitable application in this connection and, if such an application is filed, the Trial Court shall after hearing both the sides and after recording evidence on the question on jurisdiction, shall decide the question of jurisdiction before further proceeding with -the Trial.
Case details
Arising from
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No(s). 961-62 of 2010.
From the Judgment & Order dated 14.05.2009 of the High Court of Delhi at New Delhi in Criminal Misc. No. 1487 of 2009 and Criminal M.A. No. 5400 of 2009.
Appearances
Vineet Bhagat, K.G. Bhagat, Manju BhageJ, Monohar Singh Bakshi, Varun Kumar for the Appellant. ~
Sonal Jain, Gautam Laha, Pravir Kumar Jain for the Respondent.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.