AFSANA Vs. STATE OF DELHI

JUDGEMENT

(1.) Present petition under Section 397 Cr.P.C. read with Section 401 Cr.P.C. has been filed against impugned order dated 9th March, 2007 passed by Sh.Sanjay Sharma, Addl.Session Judge, Delhi.

(2.) Vide impugned order, the learned Addl. Judge has held that this Court has got no territorial jurisdiction to try the present case and the same lie only with the courts of District Gaziabad, U.P.

(3.) It has been contended by learned counsel for the petitioner that the impugned order is illegal and against the law as the same has been passed by the Addl.Sessions Judge without looking into the material on record. The case was fixed for arguments on charge and the court was bound to hear arguments on charge and further the court has ignored the provisions of Section 178 Cr.P.C. The court in Delhi has got jurisdiction to try this case as the demand of dowry was made at the petitioner's father's residence in Delhi also and only the Supreme Court has got the jurisdiction to transfer the case from one State to another State.