IN THE HIGH COURT OF ALLAHABAD
O. P. GARG
MUKHTAR ANSARI - Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION S.I.V., NEW DELHI - Respondents
CRIMINAL REVISION 1151 Of 1999
Decided On : 07/05/1999
CRIMINAL PROCEDURE CODE - SECTION 397 - REVISION APPLICATION - JURISDICTION - HIGH COURT AT ALLAHABAD OR BENCH AT LUCKNOW - TERRITORIAL JURISDICTION - AMALGAMATION ORDER, 1948 - CLAUSE 14 - INTERPRETATION - OFFENCE COMMITTED IN VARANASI - CHARGE SHEET SUBMITTED BY CBI AT LUCKNOW - SPECIAL MAGISTRATE AT LUCKNOW EMPOWERED TO TAKE COGNIZANCE - CASE COMMITTED FOR TRIAL TO COURT OF SESSION AT LUCKNOW - REVISION APPLICATION AGAINST ORDER OF ADDITIONAL SESSIONS JUDGE, LUCKNOW - MAINTAINABLE ONLY BEFORE LUCKNOW BENCH.
Fact of the Case:
A highly vexed question whether a revision application under Section 397 of the Code of Criminal Procedure (for short the code) lies before the High Court at Allahabad of its Bench at Lucknow is the subject matter of this designation.
Finding of the Court:
The revision application should have been presented before the Lucknow Bench.
Issues: Whether a revision application under Section 397 of the Code of Criminal Procedure lies before the High Court at Allahabad or its Bench at Lucknow.
Ratio Decidendi: 1. The Lucknow Bench of the High Court has exclusive jurisdiction to entertain revision applications against orders passed by inferior criminal courts located within the twelve districts of Avadh, as per the Amalgamation Order, 1948, Clause 14. 2. The interpretation of Clause 14 of the Amalgamation Order, as laid down in Nasiruddin v. State Transport Appellate Tribunal (AIR 1976 SC 331), still holds good and is to be accepted as the guiding principle while deciding the controversy with regard to territorial jurisdiction. 3. The place of enquiry and trial, which is ordinarily determined with reference to the provisions of Section 177 of the Code of Criminal Procedure, are not applicable if the State Government, in consultation with the High Court, establishes a Special Court with regard to a local area, which may take within its sweep more than one district or the sessions division. 4. A Special Court of Magistrate, established under Section 11(1) of the Code of Criminal Procedure, has exclusive jurisdiction to try and commit to the Court of Session all cases arising within its local area in which investigations are made or charge-sheets filed by the Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946. 5. In view of Section 14(3) of the Code of Criminal Procedure, where the local jurisdiction of a Magistrate, appointed under Section 11, extends to an area beyond the district in which he ordinarily holds Court, any reference in the Code to the Court of Session, shall, in relation to such Magistrate, through the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, exercising jurisdiction in relation to the said district.
Final Decision: Revision application allowed. The Registry of this Court shall immediately transmit the record of this revision-application along with instant order to Lucknow for being placed before the appropriate Bench.
( 1 ) A highly vexed question whether a revision application under Section 397 of the Code of Criminal Procedure was (for short the code) lies before the High Court at Allahabad of its Bench at Lucknow is the subject matter of this designation. The complex question sometimes is the product of the vested interest. More often then not, the conflict of territorial jurisdiction is sharpened stark when the impugned order is passed, by a Court located in either of the twelve districts of Avadh. The controversy in turn involves interpretation in its true perspective, of the provisions of the United Provinces High Courts (Amalgamation) Order, 1948 (hereinafter referred to as the Amalgamation Order), particularly the provisions of clause 14. The complex question has travelled more than once up to the Apex Court. This question has again been raised before this Court in the following circumstances :
( 2 ) A devil daring and horrendous crime was committed in Ravindra Puri, Jawahar Nagar Extension, P. S. Bhelupur in Varanasi city, Nand Kumar Rungta, an affluent person of considerable means, was the victim of crime. He was abducted form his offence in Ravindrapur sometimes in the noon of 21-1-1997. The obvious purposes, as was unfolded by subsequent events, was to extract substantial amount of ransom. His brother Mahabir Prasad Rungta laid an F. I. R. under Sections 364-A and 365-A of the Indian Penal Code which gave rise to Case Crime No. 19 of 1997 at P. S. Bhelupur. As usual investigation of the case dragged on. In Writ Petition No. 1932 of 1997 filed by Smt. Shanti Rungta, wife of the victim this Court ordered for investigation of the crimes by the Central Bureau of Investigation (for short cbi) The CBI registered case crime No. RC 4 (5)/97 at Lucknow. S. I. C. Core Branch Delhi investigated the case and ultimately as charge sheet under Sections 364-A and 120-B, IPC was filed in the Court of Special Judicial Magistrate (Environmental Protection and CBI), Lucknow against the present application revisionist Mukhtar Ansari and others. Subsequently, a supplementary charge sheet was also submitted. Some of the accused were reported to be absconding. The Special Judicial Magistrate, Lucknow committed the case for trial to the Court of Session, Lucknow. The committal order gave rise to S. T. No. 8 of 1999 which is presently pending in the Court of XIVth Additional Sessions Judge, Lucknow. The applicant revision is moved an application under Section 227 of the Code claiming discharge on the ground that the evidence which has appeared and has been collected during the course of investigation does not indicate that there is sufficient grounds to proceed against the applicant revisionist. By the detailed impugned order dated 10/05/1999 the plea of the applicant revisionist was rejected and he has been charged along with other accused person of the offences punishable under Sections 364, 364-A, 386, read with Sections 120b and 34, IPC. A date for evidence has been fixed in the trial. It is against the order that the applicant revisionist has approached this Court by filing the present criminal revision application under S. 397 of the Code.
( 3 ) A preliminary objection has been raised by the Section Officer/stamp Reporter of the Registry of this Court that since the order under challenge has been passed by the Additional Sessions Judge, Lucknow, revision application is entertainable only by the Lucknow Bench of this Court. In reply to this objection, it was submitted that earlier a Criminal Misc. Revision No. 492 of 1998 on behalf of Vijay Kumar Misra, one of the co-accused persons, in the case was entertained decided by Honble O. P. Jain, J. (since retired) who by order dates 13-11-1998 observed that sufficient evidence did not appear against Vijay Kumar Misra to foist a charge against him. It was submitted that the office failed to report that a revision application of a co-accused has already been decided by this Court and if the re
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