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Smt. Santosh Mehta & Others v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 11533 of 2005 [2005] RD-AH 6001 (18 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioners, learned Addl. Government Advocate for the State and perused the record.  

Learned counsel for the petitioners has confined his argument on the solitary point that the Court of Agra has no territorial jurisdiction to try with the case as the entire occurrence appears to have  taken place at Mumbai. He has also made a submission that in case the writ petition fails, the petitioners be permitted to appear through counsel in the trial court, as they have already been released on bail.  

I have perused the first information report and the statement of the victim. A perusal of which would indicate that the occurrence alleged to have taken place in both the places, therefore, by virtue of Section 178 Cr.P.C. the Court of Agra has also jurisdiction to try with the case.

The petition lacks merit and is accordingly dismissed.

However, In the event, the petitioners, except the husband i.e. Sanjeev Mehta, make application before the trial court that they be permitted to appear through counsel on subsequent dates, the court concerned may permit them to do so, if in permitting so, the trial may not suffer and in case the trial court permit them to do so, the court shall be at liberty to direct them to appear in person whenever required.

Dt/- 18th November, 2005  

PKG/5 (11533/05)


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