JODHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under Section 482 Cr. P.C. was initially filed for grant of anticipatory bail under Section 438 Cr.P.C. However, when the matter was being argued finally, the learned counsel for the petitioner urged that he may be permitted to treat this petition as one filed under Section 482 Cr.P.C. In the circumstances of the case, I permitted him to do so. Hence, the application has been heard under Section 482 Cr.P.C. It may be so registered by the office.

(2.) Now, the factual matrix. The petitioner is a resident of Sojat City within territorial limits of Addl. Sessions Judge, Sojat exercising jurisdiction in Sessions Division, Pali. The petitioner apprehended his arrest in connection with F.I. R. No. 88 of 1993 of P. S. Fatehpur, for offences under Sections 302, 304, 328 I.P.C. read with Section 54 of the Rajashtna Excise Act. Hence, he moved an application for grant of anticipatory bail under Section 438 Code of Criminal Procedure (hereinafter 'the Code') before the learned Addl. Sessions Judge, Sojat. Admittedly, P. S. Fatehpur did not fall within the territorial jurisdiction of Additional Sessions Judge, Sojat but fell within the jurisdiction of Sessions Judge, Sikar. By the impugned order dated 4-12-1993, learned Addl. Sessions Judge, Sojat dismissed the application in limine, on the short ground that he had no jurisdiction to hear the application and it was Session Judge, Sikar, who alone was competent to hear the application.

(3.) By the present petition, the petitioner seeks to challenge the correctness of the aforesaid order of learned Addl. Sessions Judge, Sojat and submits that the learned Addl. Sessions Judge, Sojat did possess jurisdiction to hear the application of the petitioner, inasmuch as the petitioner apprehended his arrest within the jurisdiction of the learned Addl. Sessions Judge. By declining to hear the application on merits, the learned judge refused to exercise jurisdiction vested in him by law and thus committed grave illegality. Hence, this Court must intervene and direct the learned Addl. Sessions Judge to rehear the application of the petitioner and decide it on merits.