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2022 (11) TMI 1358 - HC - Indian LawsJurisdiction of Court to entertain this petition - Seeking grant of Anticipatory Bail - HELD THAT - The learned SPP for the State of West Bengal appears on advance notice and submits the order of registration of FIR was passed on 23.09.2021 and it has not been challenged uptil now. Secondly, the petitioners have already filed an application for getting transit anticipatory bail and such order was passed by the learned Session s Court on 21.11.2022 granting ten days time to the petitioner to approach the Courts at West Bengal, hence once the petitioners have acceded to the jurisdiction of Courts at West Bengal, they cannot maintain this Court s jurisdiction to entertain this petition. List on 05.12.2022 and in the meanwhile the transit bail granted to the petitioners herein shall stand extended till the next date of hearing.
Issues: Jurisdiction of the Court
Analysis: The petition was filed seeking the quashing of FIR No.257/2021 under various sections of the Indian Penal Code registered at PS Bowbazar, Kolkata, along with the subsequent proceedings. The petitioners argued that a significant part of the cause of action arose in Delhi, citing the case of Navinchandra N. Majithia vs. State of Maharashtra & Ors. (2000) 7 SCC 640 regarding the jurisdiction of the Delhi High Court. The State of West Bengal's Senior Public Prosecutor contended that the FIR was registered on 23.09.2021 and remains unchallenged. Additionally, the petitioners had already obtained transit anticipatory bail from the Sessions Court, allowing them time to approach the courts in West Bengal. Therefore, it was argued that since the petitioners had accepted the jurisdiction of the West Bengal courts, they could not maintain the jurisdiction of the Delhi High Court. The Court directed both counsels to submit a chart outlining the relevant cause of actions for jurisdiction in Delhi or Kolkata within two days. The matter was listed for further hearing on 05.12.2022, with the transit bail granted to the petitioners extended until the next hearing date.
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