RAMESH AJMANI Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks following reliefs, among others:

(2.) A criminal complaint case was filed by the complainant (respondent no. 2 herein) against the applicant for the offence punishable under Section 63 of Copy Rights Act read with Section 406 IPC in the court of Chief Judicial Magistrate, Pauri Garhwal on 13.09.2011. Applicant was summoned to face the trial for the selfsame offence vide order dated 31.01.2014. The applicant appeared before the court below and got himself bailed out. Thereafter, after recording the evidence under Section 244 Cr.P.C., charge was framed against the applicant for the offences punishable under Sections 420 and 406 IPC vide order dated 18.06.2016.

(3.) In present application under Section 482 Cr.P.C., learned counsel for the applicant raises a new point, which was not raised before the trial court, viz., the court at Pauri Garhwal has no jurisdiction to try the criminal compliant case. Learned Dy. Advocate General for the State submitted that the applicant ought to have raised the ground of non-territoriality before the trial court and only then he ought to have assailed the order passed against him in a competent court having jurisdiction.