MOHAN SINGH PARI HAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS petition under Section 497-A of the Code of Criminal Procedure, hereinafter to be referred to as the Code, raises an important question of the extent of the powers of the High Court and the Court of Sessions, to grant anticipatory bail to a person, against whom a case has been registered with a police station, which is situated outside the limits of their territorial jurisdiction.

(2.) A criminal case under sections 406 and 420 IPC has been registered against the petitioner with police station Manakpora, New Delhi. The petitioner is a resident of village Bajarani, Tehsil Doda, a place within the territorial limits of the State of Jammu and-Kashmir, He has filed the present petition in this Court for granting the anticipatory bail in. exercise of its powers u/e 497-A. An objection has been taken on behalf of the State that this Court has, no jurisdiction to pant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. The objection is, in my opinion, well founded and must succeed. Section 497-A is, for the sake of convenience, reproduced as below :

(3.) A combined reading of these sections would thus indicate that whereas the High Court will exercise its powers under the Code throughout the territory of the State of Jammu and Kashmir, the Sessions Judge and other Magistrate will exercise their powers within their defined areas in the territory of the State. It further follows that none of these courts shall exercise any power conferred on it, including the power to grant anticipatory bail under Section 497-A, at any place outside the territorial limits of the State of Jammu and Kashmir.