DEBASHISH SINHA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for applicant, learned counsel for opposite party no.2, learned A.G.A. and perused the case laws submitted on behalf of the applicant.

(2.) THE instant application has been preferred under Section 482 Cr.P.C. on behalf of the applicant challenging the jurisdiction of the lower court.

(3.) BRIEF facts giving rise to the application are that earlier a petition under Section 226 of the Constitution of India had been preferred on behalf of the applicant and that petition was dismissed and then the applicant filed another petition under Section 482 Cr.P.C. before this Court, that too was dismissed and then as per direction of the Court, the applicant approached the lower court where the matter was scrutinized. The applicant had challenged the jurisdiction of lower court. The applicant has alleged that the court at Lucknow had no jurisdiction and the matter should not have been initiated at Lucknow. As far as, jurisdiction is concerned, although trial court ruled that Lucknow Court has jurisdiction but in the revision, the revisional court remanded back the matter and asked the trial court to go through the facts mentioned in the complaint and then only form its opinion. The revisional court framed point of determination for decision to lower court and directed it to decide the matter in the light of the issues framed. Trial court again held otherwise holding that court had jurisdiction, therefore, the applicant had no option but to file second revision against that order and this time revisional court has dittoed the finding of trial court. Aggrieved by this decision, the applicant had no option except to file the present petition under Section 482 Cr.P.C. to check the abuse of process by courts below. The main question in the petition is that whether the court at Lucknow has jurisdiction or not.