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Vidya Prakash Mishra & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 13084 of 2005 [2006] RD-AH 11751 (18 July 2006)


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     Court No.3

Criminal Misc.Writ Petition No. 13084 of 2005

Vidya Prakash Mishra and others            .....             Petitioners


State of U.P. and others                            ....              Respondents

     : Present :

(Hon. Mr.Justice Amitava Lala & Hon.Mr.Justice Shiv Shanker )

     : Appearance :

For the Petitioners                                    .....    Sri Y.K.Saxena

For the Respondents                                 .....    Sri Niraj Kant Verma,

   Addl. Govt. Advocate

Amitava Lala,J-  The writ petition has been filed for quashing the F.I.R. dated 13th September, 2005 in case Crime No. 350 of 2005 under Sections 420/467/468/471/120-B I.P.C. Police Station, Sadar Bazar, District Saharanpur alleging the commission of offence on 12th April, 1992 lodged in furtherance of order passed under Section 156 (3) Cr.P.C. and incidental prayers thereto including the respondents not to arrest the petitioners.  The plea of the petitioners is that the cause of action arose in the State of Uttaranchal not in the State of Uttar Pradesh.  Therefore, the case crime should be transferred for investigation to an appropriate police station of the State of Uttaranchal.  

However, we find from the submissions of the complainant as well as from the State and upon going through the counter affidavit  that the charge sheet has been submitted on 5.2.2006 in respect of the case crime.  Therefore, it can be safely presumed that by the passage of time the same has been submitted to the concerned court for the purpose of taking cognizance if any. The petitioners' apprehension about the submission of jurisdiction of the State of Uttaranchal, will not be remediless. The petitioners are entitled to take such plea of jurisdiction before the concerned Magistrate and also before the appropriate court having revisional jurisdiction under Section 482 of the Code of Criminal Procedure.  Therefore, it is for them to consider the issue of jurisdiction if any not this court, since the charge sheet has already been submitted.  Thus, we do not find any merit in this writ petition.  The writ petition stands dismissed.  Interim order, if any, stands vacated.  No order is passed as to costs.

( Justice Amitava Lala )

I agree.

( Justice Shiv Shanker )

Dt. 18.7.06


Crl.WP 13084-05


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