JUDGMENT

Arvind Singh Sangwan, J. (Oral) - CRM-30788-2017 IN CRR-3473-2017

1. Prayer in this application is for condoning delay of 248 days in filing the revision petition.

2. Heard.

3. In view of averments made in the application, the same is allowed and delay of 248 days in filing the revision petition stands condoned.

CRM-35006-2016 IN CRR-3299-2018

4. Prayer in this application is for condoning delay of 630 days in filing the revision petition.

5. Heard.

6. In view of averments made in the application, the same is allowed and delay of 630 days in filing the revision petition stands condoned.

MAIN CASES

7. Vide this common judgment, I intend to dispose of all the aforesaid petitions as common questions of law and facts are involved for adjudication.

8. Prayer in these revision petitions is for setting-aside the (similar) impugned order dated 21.10.2016, passed by the Special Judge, CBI, Patiala, vide which the application filed by the petitioners for dropping the proceedings as C.B.I, is not having territorial jurisdiction to register the case and conduct the trial was dismissed.

9. Brief facts of the case are that the CBI registered R.C. No. l2(S)/97/SIU-XVI/JMU dated 28.02.1997 under Section 364/34 of the Indian Penal Code, 1860 (in short 'IPC') at Jammu & Kashmir, regarding the abduction and killing of one Sukhwinder Singh in Amritsar, Punjab. Smilarly, other connected cases, were also registered

10. regarding abduction and killing of innocent persons.

11. The operative part of the order dated 21.10.2016, passed by the Special Judge, CBI, Patiala, is reproduced as under:-

"2. Brief facts for disposal of application are that CBI registered R.C. No. l2(S)/97/SIU-XVI/JMU dated 28.2.97 against the applicants under section 364/34 IPC at Jammu within the State of J&K, alleging the abduction and killing of Sukhwinder Singh in Amritsar (Punjab). The CBI prepared the charge-sheet at Jammu and filed the same before this Court which is pending for trial before this Court. Earlier, the applicants filed a Criminal Misc. Petition before the Hon'ble Punjab and Haryana High Court and vide order dated 27.9.16 the petitioner was allowed to withdraw the said petition with liberty to raise all these points before this Court. The applicants are challenging the proceedings on the following grounds :-

i) That very initiation of the proceedings i.e. the registration of RC at Jammu within the State of J & K is illegal as the FIR should have been registered in accordance with the provisions contained in section 154 Cr.P.C. as the offence has been committed within the territorial jurisdiction of PS. Beas, District Amritsar, within the State of Punjab and it is strange that the RC was registered by the CBI at Jammu in the State of J &K and the same is illegal, without jurisdiction and void ab-initio.

ii) That no part of the alleged offence was committed within the State of J&K, no RC could have been registered at Jammu and charge-sheet could not have been filed before this Court after investigation of the offence and all the steps taken in this case are against the scheme of the provisions of Criminal Procedure Code and Indian Penal Code is not permissible in the State of J&K.

iii) That the registration of RC and prosecution of accused for the alleged offences under IPC is illegal, ultravires and against the principles of criminal jurisprudence and the applicants/accused are being deprived of their rights and liberty without procedure established by law. Moreover, no law of land permits CBI to register FIR/RC under the section 154 Cr.P.C in any other State and the law also does not permit the CBI to prosecute the accused persons. The cognizance taken by this court is illegal. Lastly, it is prayed that the proceedings originated from R.C. No. 12(S)/97/SIU-XVI/JMU dated 28.2.97 be dropped in the interest of justice.

3. Notice of the application was given to Learned Public Prosecutor for CBI, who filed reply wherein took preliminary objections that the application has