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of <h1>Delhi High Court Declines Jurisdiction, Petitioners Withdraw: Punjab and Haryana High Court Advised for Resolution</h1> In SLP(Crl) Nos. 7443/2023 and 7444/2023, the Delhi High Court determined it lacked jurisdiction to entertain the petition, leading the petitioners to ... Seeking grant of Anticipatory Bail - delay in handing over/delivery of possession of apartments/ commercial units - concurrent jurisdiction casted upon the Court of Session and High Court - it was held by HC [2023 (6) TMI 503 - DELHI HIGH COURT] that This Court is of the view that this Court has the jurisdiction to entertain the bail application under Section 438 even when the applicant has not approached the Court of Sessions first - HELD THAT:- The proceedings filed before the High Court is listed for consideration on 05.07.2023. Appropriate Forum - seeking release from illegal detention - It was held by High Court [2023 (6) TMI 1315 - DELHI HIGH COURT ] that once the order of remand has been passed by the competent court at Panchkula, the appropriate remedy for the petitioners is to approach the High Court of Punjab and Haryana at Chandigarh challenging the order of remand. Any order passed by this court once an order of remand has been passed by Panchkula Court would be improper - HELD THAT:- The petitions are disposed of as withdrawn with liberty to approach the High Court of Punjab and Haryana. Issues involved: Jurisdiction of High Court to entertain petitions, maintainability of petitions, withdrawal of petitions with liberty to approach another High Court.Judgment Details:Issue 1: SLP(Crl) Nos. 7396/2023 and 7384/2023 [2023 (6) TMI 503 - DELHI HIGH COURT]The Supreme Court noted that the respondents may file their objections to the petitions, even though the learned ASG argued against the impugned order's justification. The proceedings before the High Court were scheduled for consideration on 05.07.2023, allowing parties to present their contentions. The Court refrained from expressing an opinion on the Order dated 09.06.2023 at this juncture. It was clarified that if the High Court proceeds with the matter, it should do so on its own merits and in accordance with the law, independent of any previous observations. The Court listed the petitions for further consideration after two weeks to enable respondents to file objections, emphasizing that the pendency of these petitions should not hinder the High Court's proceedings.Issue 2: SLP(Crl) Nos. 7443/2023 and 7444/2023 [2023 (6) TMI 1315 - DELHI HIGH COURT]The petitioners challenged an order dated 16.06.2023 where the High Court of Delhi prima facie determined that it lacked jurisdiction to entertain the petition, deeming it not maintainable. Despite the petitioners' argument that they were arrested in Delhi, the High Court held that since the Trial Court in Panchkula had already issued a remand order, the petition was not maintainable in Delhi. The petitioners, in the interest of their clients, sought to withdraw the petitions and approach the High Court of Punjab and Haryana with a fresh petition, preserving all contentions made before the Delhi High Court. The petitions were disposed of as withdrawn with liberty to approach the High Court of Punjab and Haryana. The High Court of Punjab and Haryana was advised to consider hearing the petitioners expeditiously, given their previous approach to another High Court. All contentions from both parties were left open to be argued before the High Court of Punjab and Haryana.Separate Judgment:The Writ Petitions bearing W.P. (Crl.) 1770/2023 and W.P.(Crl.) No. 1771/2023 pending before the High Court were deemed infructuous due to the disposal of the instant petitions, which the High Court was requested to acknowledge.
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