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1998 Supreme(Guj) 551

C.K.THAKKER, A.M.KAPADIA
SANJEEV RAJENDRABHAI BHATT – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.P.RATHOD, K.G.VAKHARIA, S.K.JHAVERI, TUSHAR MEHTA

C. K. THAKKER, J.

( 1 ) BOTH these appeals arise out of a common order passed by the learned single Judge in two Special Criminal Applications being special Criminal Application Nos. 6 and 24 of 1998 on July 9,1998. The learned single Judge by the above order upheld the preliminary objection raised on behalf of the State of Rajasthan that the High Court of Gujarat had no territorial jurisdiction in the matter as the proceedings were initiated in the Court of Chief judicial Magistrate, Pali situated in Rajasthan. The petitions were, therefore, not maintainable. In view of non-maintainability of petitions on the ground of want of territorial jurisdiction, the learned single Judge observed that it would not be expedient to express any opinion on the merits of the matter and she did not enter into questions raised in the petitions.

( 2 ) ). To appreciate the controversy in the present proceedings, few relevant facts may now be stated : special Criminal Application No. 6 of 1998 (L. P. A. No. 906 of 1998) was filed by Sanjeev R. Bhatt who at the relevant time in April, 1996, was serving as District Superintendent of Police at Palanpur. On April 30,1996, a complaint was lodged which was r




















































































































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