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Issues: Whether the transfer petitions seeking transfer of the criminal cases on the ground of lack of territorial jurisdiction were maintainable without evidence establishing the place of commission of the offence or other jurisdictional facts.
Analysis: The Court held that territorial jurisdiction in criminal matters is governed by the scheme of Chapter XIII of the Code of Criminal Procedure, 1973, and depends on facts such as the place of commission of the offence, the place where the consequence ensued, and other statutory connecting factors. It distinguished objections to territorial jurisdiction from defects going to the power of the court to try the offence or offender, and noted that the question raised in these petitions was factual and required proof by evidence. Since the material facts relevant under Sections 177 to 184 of the Code had not been established, the Court declined to order transfer on the basis of an asserted lack of territorial jurisdiction.
Conclusion: The transfer petitions were not maintainable on the asserted jurisdictional ground at that stage and were dismissed.
Ratio Decidendi: A request for transfer based on alleged lack of territorial jurisdiction cannot be granted unless the jurisdictional facts are first established by evidence under the relevant provisions governing criminal territorial jurisdiction.
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