R.A. SHUKLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Two criminal appeals being Crl.A.No.173 of 2001 and Cr.A.No.192 of 2010 (Guwahati) were pending before the Gauhati High Court. Vide order dated 18.04.2018 recorded thereon, Registry of Gauhati High Court was to look into the matter i.e. as to whether in view of Order No.14 dated 06.03.2013 issued on administrative side, the said appeals were required to be transferred to High Court of Meghalaya or were required to be heard in Gauhati High Court (Principal Seat). In compliance whereof, Registry of Gauhati High Court on administrative side had prepared a report, Hon'ble Chief Justice of Gauhati High Court has approved the report for transfer of both the criminal appeals to High Court of Meghalaya.

(2.) Both the appeals along with the records were received by the Registry of this Court, report prepared on administrative side was approved and both the appeals were listed and taken up on judicial side.

(3.) When both the appeals were taken up for consideration on 25.09.2018, learned counsel for the appellants pointed out that this Court has no jurisdiction because occurrence had taken place within the territorial jurisdiction of Gauhati High Court, trial was substantially held by Special Judge at Guwahati. However, the case was transferred to Special Judge, Shillong by Gauhati High Court which was the common High Court at that point of time for North Eastern States including Meghalaya. Finally, prayed that the Gauhati High Court has exclusive jurisdiction. Learned counsel for the respondent on that date sought time. Finally, on next date submissions regarding jurisdiction were heard.