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TMI Blog2007 (10) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... it may be noted that after some arguments, learned counsel for the petitioner stated that the petitioner abandons challenge to the orders impugned in the above captioned petitions but want a clarificatory order passed by this Court. Clarificatory order being that the proceedings conducted before the learned Metropolitan Magistrate would be preserved and the Court in which the complaint would be re-filed would proceed from the stage matter had reached in the Court of the learned Metropolitan Magistrate, Delhi. 2. Learned counsel for the respondent states that since petitioner is now conceding that the order impugned in the petitions is a valid order, since learned Metropolitan Magistrate has held that Courts at Delhi did not have jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k place at Ghaziabad (UP). They were escorted to the office of Directorate of Revenue Intelligence, CGO Complex, Lodhi Road, New Delhi. Contraband goods being gold biscuits were allegedly recovered during search at Delhi. 8. Alleging violation of the provisions of the Customs Act, complaint was filed before the learned Additional Chief Metropolitan Magistrate at Delhi. Cognizance thereof was taken in the year 1990. Accused persons were summoned. Pre-charge evidence was recorded. Application was thereafter filed challenging the jurisdiction of the Courts at Delhi. Vide order dated 12-3-2001, learned Additional Chief Metropolitan Magistrate directed return of the complaint to be filed in the concerned Court having territorial jurisdiction. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Courts at Delhi. Vide order dated 22-2-2001, learned Additional Chief Metropolitan Magistrate returned the complaint, to be filed in the Court having territorial jurisdiction. 13. Chapter XIII of the Code of Criminal Procedure 1973 deals with jurisdiction of the criminal courts in inquiry and trials. Section 177 reads as under :- "177. Ordinary place of inquiry and trial." Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed." 14. A bare perusal of Section 177 of the Code of Criminal Procedure 1973 makes it clear that ordinarily, every offence has to be inquired into and tried by a Court within whose local jurisdiction the offence was committed. 15. As observed by B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmit the trial of a particular offence along with others in one Court. On the other hand, S. 233, dealing with the trial of offences, reads : "For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in Ss. 234, 236 and 239." The language is very peremptory. There is a clear direction that there should be a separate charge for every distinct offence and that any deviation from such a course would be only in cases mentioned in Sections 234, 235, 236 and 239." 18. Since learned counsel for the petitioner has conceded to the legality of the orders impugned, which have held that Courts at Delhi lacked territorial jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orial jurisdiction is only an irregularity, not an illegality to vitiate the proceedings, unless prejudice is caused. Lack of territorial jurisdiction does not render the proceedings null and void. 22. Section 462 of the Code of Criminal Procedure may be referred to at this stage. It reads as under :- "462. Proceedings in wrong place." No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice." 23. Prima facie, proceedings in a Court lacking terr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings linked with such erroneous steps, unless the error is of such a nature that it had occasioned failure of justice." 26. It is apparent that the legislature was conscious of possible occurances in criminal courts of cognizance being taken in a wrong sessions division or a district or within areas. The legislature disfavoured the quashing of the proceedings and did not direct repetition of the whole proceeding afresh. Unless it was shown that the error has occasioned a failure of justice the proceedings were saved. 27. Learned counsel for the respondent has not been able to show as to in what manner a failure of justice has ensued as a result of Courts at Delhi taking cognizance of the complaint and proceeding ahead with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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