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TMI Blog2022 (6) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... a with Section 438 of the Central Cr. P. C, as also the provisions contained in Section 6 of the J K Cr. P. C, which is in pari materia with Section 6 of the Central Cr. P. C, observed that On the parity of the reasoning, the High Court and a Court of Session of which Section 497-A speak, must also mean the High Court and the Court of Session competent to try the accused seeking enlargement on bail. On the basis of the aforequoted reasoning, the Court came to the conclusion that the High Court has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. This Court does not have jurisdiction to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be executed by a police station located outside the jurisdiction of a State through the local police station and, as such, this Court has jurisdiction to entertain the present application. 3. I have heard learned counsel for the petitioners and perused the material on record. 4. It has been contended by learned counsel for the petitioners that the petitioners are entitled to grant of anticipatory bail as the Supreme Court has time and again emphasised that in case of matrimonial offences, arrest of an accused should not be made as a matter of course. Learned counsel, in support of his contention, has relied upon the judgment of the Supreme Court in the case of Bhadresh Bipinbhai Sheth vs. State of Gujarat another, 2015 SAR (Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... territory, and cannot be exercised in isolation thereof. Section 10 says that the Government shall appoint District. Magistrates, and the High Court the Chief Judicial Magistrate for such districts, who shall exercise their powers as such Magistrates within the territorial limits of their respective districts. The other Executive and Judicial Magistrates, in terms of Section 12 shall be appointed for such districts, but the local areas in the district within which they shall exercise their powers under the Code, shall have to be denned by the Government, in so far as the Executive Magistrates are concerned, and by the High Court, in so far as the Judicial Magistrates are concerned. Section 28 provides that subject to the other provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wers of superintendence and control Under Section 104 of the Constitution of Jammu and Kashmir in relation to Courts situated outside the territory of the State, its order will have no binding force on those Courts. The same will be true of the Police Stations which are situated outside the territory of the State. Law will not, therefore, countenance a situation where an order of the High Court may be flouted by a Court lower than the High Court or for that matter by an officer-in-charge of a police station with impunity. If the interpretation sought to be placed on Section 497-A by Mr. Singh, that the High Court and the Court of Session have powers to grant anticipatory bail to a person, against whom a case has been registered with a polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or commit it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. Provided that: (a) the Magistrate may authorise detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so but no magistrate shall authorise the detention of the accused person in custody under this section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... soning, the Court came to the conclusion that the High Court has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. 8. From the aforequoted enunciation of law on the subject, it is clear that this Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond the local limits of this Court even though the accused/petitioner may be residing within the jurisdiction of this Court. 9. The petitioners in the instant case are not seeking transit bail but are seeking bail in anticipation of their arrest on a permanent basis, rega ..... X X X X Extracts X X X X X X X X Extracts X X X X
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