SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1982 Supreme(J&K) 80

I.K.KOTWAL
Mohan Singh Parihar – Appellant
Versus
Commissioner Of Police, New Delhi – Respondent


Advocates Appeared:
Advocate For Appellant: B.B. Singh
Advocate For Respondent: S.D. Sharma

(1) This petition u/s 497-A of the Code of Criminal procedure, hereinafter to be referred to as the Code, raises an important question of the excent of the powers of the High Court and the Court of Sessions, to grant anticipatory bail to a person, against whom a case has been registered with a police station, which is situated outside the limits of their territorial jurisdiction.

(2) A criminal case under section 4G6 and 420 L P. C. has been registered against the petitioner with police station Nanakpora, New Delhi, The petitioner is a resident of village Bajarni, Tehsil Doda, a place within the territorial limits of tee State of Jammu and Kashmir. He has filed the present petition in this court for granting the anticipatory bail in exercise of its powers u/s 497-A. An objection has been taken on behalf of the state that this court has no jurisdiction to grant anticipatory bail to a person, against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. The objection is, in my opinion, well founded and must succeed. Section 497-A is, for the sake of convenience, reproduced as below:

"497-A. Direction for gra


























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top