Nabin Kishore Chouhan v. Union of India

Delhi High Court · 12 Jan 2016 · 2016:DHC:239
Hima Kohli; R.K. Gauba
W.P.(C) 260/2016
2016:DHC:239
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition for lack of territorial jurisdiction, allowing withdrawal with liberty to seek suspension of sentence under the Sahastra Seema Bal Act to file an appeal.

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Translation output
HIGH COURT OF DELHI
W.P.(C) 260/2016
NABIN KISHORE CHOUHAN ..... Petitioner
Through: Mr. Rajinder Kumar, Advocate
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Prasant Verma, Advocate with Mr. Pradeep Jha, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE R.K. GAUBA O R D E R 12.01.2016
JUDGMENT

1. The present petition has been listed subject to an office objection with regard to its maintainability in this Court in view of the fact that the entire cause of action has arisen within the territorial jurisdiction of the State of West Bengal.

2. After addressing arguments at some length, learned counsel for the petitioner seeks leave to withdraw the present petition while reserving the right of the petitioner to approach the respondent No.3 W.P.(C) 260/2016 2016:DHC:239 to seek suspension of his sentence to enable him to file an appeal, in terms of the Sahastra Seema Bal Act and Rules.

3. Leave, as prayed for, is granted. The petition is disposed of. HIMA KOHLI, J R.K. GAUBA, J JANUARY 12, 2016 rkb/ap