VIRENDRA SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Dileep Kumar, learned Senior Advocate assisted by Sri Rajrshi Gupta and Sri Rajiv Lochan Shukla, learned counsel for the appellant, Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for the respondent-CBI.

(2.) The incident is of 21/2/1985. Charge sheet came to be filed before the Special Court at Rajasthan on 17/7/1985. On a petition by the complainant before the Hon'ble Supreme Court, the matter came to be transferred to the Mathura Sessions Court vide order dtd. 11/10/1989. The charge was framed by the Sessions Court, Mathura, and the trial concluded by judgment and order dtd. 22/7/2020.

(3.) A preliminary objection has been raised by learned counsel appearing for the respondent-CBI that this appeal is not entertain able before Allahabad High Court as the cause of action/incident took place in District Bharatpur, Rajasthan, accordingly, Rajasthan High Court would have territorial jurisdiction to entertain the criminal appeal. In support of his submission, reliance has been placed on the decision of the Full Bench of this Court rendered in Paritosh Kumar Vs. Union of India and Others, 2014 (2) ALJ 403 wherein, it was held that a petition under Sec. 482 Cr.P.C. against an order passed by Special Judge, CBI, at Lucknow, is entertain able in Allahabad High Court. The court was dealing with the Amalgamation Order and held that jurisdiction would depend on the cause of action.