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PREM LATA AGARWAL & ANR Petitioners
Through: Mr. Kaustubh Nandan Sinha, Advocate
Through: Mr. Ashim Bhatt, Advocate (ii) CRL.M.C. 2097/2013 & Crl.M.A.8209/2013
PREM LATA AGARWAL & ANR Petitioners
Through: Mr. Kaustubh Nandan Sinha, Advocate
Through: Mr. Ashim Bhatt, Advocate
06.09.2013 In the above titled two petitions, quashing of summoning order of
24"^ September, 2012 in CC Nos.582/1/2012 and 581/1/2012 is sought.
With the consent of the learned counsel for the parties, both these petitions are taken up together for final disposal as the question of territorial jurisdiction is raised in these two petitions.
Pertinent observations ofthe Apex Court in Krishna Kumar Variar
V. Share Shoppe (2010) 12 SCC 485 are as under:-
Crl. M.C. No. 2090/2013 Page 1 Crl. M.C. No. 2097/2013
2013:DHC:7375 A \ L ly "4. In our opinion, in such cases where the accused or any otherperson raises an objection that the trial court has nojurisdiction in the matter, the saidperson shouldfile an application before the trial court making this averment and giving therelevantfacts. Whether a courthasjurisdictionto try/entertain a case will, at least inpart, depend upon the facts of the case. Hence, instead of rushing to the higher court against the summoning order, the person concerned should approach the trial court with a suitable application for thispurpose andthe trialcourt should afterhearing both the sides and recording evidence, if necessary, decide the question ofjurisdiction before proceedingfurther with the case.
ORDER
5. For the reasons stated hereinabove, the impugned judgment and order is set aside and the appeal is allowed. The appellant, ifso advised, may approach the trial court with a suitable application inthis connection and, ifsuch an application isfiled, the trial court shall after hearing both the sides and after recording evidence on the question on jurisdiction, shall decide the question ofjurisdiction before furtherproceeding withthe trial." In the light of the aforesaid mandate of Apex Court in Krishna Kumar (supra), petitioners are relegated to file an application urging question of territorial jurisdiction before the trial court. If such an application is filed before the trial court within four weeks then said application be decided in view of the ratio of theApex Court inKrishna Kumar (supra) and the law on the subject of territorial jurisdiction. If petitioners' application raising question of territorial jurisdiction is received by the trial court then personal appearance ofpetitioners be not insisted upon bythe trial court tillthe application ofpetitioners isdecided by the trial court. Crl. M.C. No. 2090/2013 Page 2 Trial court be apprised ofthis order forthwith. Both these petitionsand applications are accordingly disposedof ilL GAUR (JUDGE) SEPTEMBER 06,2013 rb