The Court of Session referred to in Section 14 (3) of the Code of Criminal Procedure, 1973, is the Court of Session exercising jurisdiction in relation to the district in which the concerned Magistrate ordinarily holds Court.

P. K. MISRA, J.

( 1 ) IN this application for bail under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "code"), an important question of law pertaining to jurisdiction is raised.

( 2 ) THE petitioner has been arrested in connection with S. P. E. case No. 44/94. His earlier application for bail numbered as Criminal Misc. Case No. 1715 of 1996 was disposed of with an observation that it would be open to the petitioner to move for bail afresh before the appropriate authority after substantial progress had been made in the investigation. Thereafter, the petitioner filed an application before the Additional Chief Judicial Magistrate, Bhubaneshwar. The said application having been rejected, the petitioner filed an application before the 2nd Additional Sessions Judge, Bhubaneswar. During hearing of the aforesaid bail application, the question of territorial jurisdiction of the 2nd Additional Sessions Judge, Bhubaneswar, to entertain the bail application was raised on behalf of the prosecution. The 2nd Additional Sessions Judge considered the question of jurisdiction at the threshold and came to hold that since the occurrence had taken place within Tomka Police Station which was beyond the territorial jurisdiction of the 2nd Additional Sessions Judge, Bhubaneswar, he had no jurisdiction to entertain the bail application and accordingly disposed of the same without considering the bail application on merit hence, the present application filed on behalf of the accused-petitioner.

( 3 ) THE learned counsel appearing for the petitioner submitted that charge-sheet has been filed against some of the co-accused persons, inter alia, under Section 120-B/302, Indian Penal Code, and the case has already been committed to the Court of the Sessions Judge, Puri, who in turn, has allotted the said Sessions Case to the 2nd Additional Sessions Judge, Bhubaneswar, for trial and as such, it should be taken that the 2nd Additional Sessions Judge, Bhubaneswar, has jurisdiction. He further submitted that since the question of alleged conspiracy is involved and since the petitioner as a Member of the Orissa Legislative Assembly was staying at Bhubaneswar at the time of alleged conspiracy, it can be held that the 2nd Additional Sessions Judge at Bhubaneswar has jurisdiction to try the case ultimately. The learned Public Prosecutor appearing on behalf of the C. B. I. has submitted that the question as to whether the alleged conspiracy took place within the Territorial jurisdiction of the 2nd Additional Sessions Judge of Bhubaneswar, cannot be predicated at this stage and since the occurrence is alleged to have taken place within Tomka Police Station which comes within the jurisdiction of the Sessions Division of Cuttack, the observation of the 2nd Additional Sessions Judge, Bhubaneswar, that he has no territorial jurisdiction to try the case is correct. He also brought to my notice the fact that after the case was committed to the Court of the Sessions Judge, Puri, and thereafter placed before the 2nd Additional Sessions Judge, Bhubaneswar, the then 2nd Additional Sessions Judge returned the file to the Sessions Judge, Puri, entertaining doubt regarding territorial jurisdiction.

( 4 ) THERE is no dispute that the Additional Chief Judicial Magistrate, Bhubaneswar, in the district of Puri, has been established as a Special Court in exercise of power conferred by the Proviso to Sub-Section (1) of Section 11 of the Code for the purpose of trial of Delhi Special Police Establishment (C. B. I.) cases under the Delhi Special Police Establishment Act, 1946, having jurisdiction throughout the State. There is no dispute that the Additional Chief Judicial Magistrate, Bhubaneswar, comes within the purview of the Court of Session of Puri Sessions Division. In view of the notification under Section 11 (1 ). Proviso, there cannot be any doubt that the Additional Chief Judicial Magistrate, Bhubaneswar, has the jurisdiction to try case