2022 (6) TMI 1409

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....d that the marriage between petitioner No.l and the complainant has taken place in the year 2013 and out of this marriage, one son has been born. It is submitted that the respondent No.2 has lodged an FIR in Madhya Pradesh against the petitioners alleging commission of offences under Section 498-A of the Cr. P. C. It is also contended that under Section 79 of the Cr. P. C, warrants have to be executed by a police station located outside the jurisdiction of a State through the local police station and, as such, this Court has jurisdiction to entertain the present application. 3. I have heard learned counsel for the petitioners and perused the material on record. 4. It has been contended by learned counsel for the petitioners that the petit....

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....ses his jurisdiction under the Code within the limits of the Sessions Division, to be known as the district, for which he is appointed as a Sessions Judge. Consequently, a Sessions Judge who has ceased to be a Sessions Judge of one district, and has not become the Sessions Judge of another district, cannot exercise the powers of Sessions Judge. These powers are always relatable to a territory, and cannot be exercised in isolation thereof. Section 10 says that the Government shall appoint District. Magistrates, and the High Court the Chief Judicial Magistrate for such districts, who shall exercise their powers as such Magistrates within the territorial limits of their respective districts. The other Executive and Judicial Magistrates, in ter....

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....hese 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. 5. That apart, the High Court of Jammu and Kashmir not having the appellate powers under Chap. XXXI nor the revisional powers under Chap, XXXI of the Code, and nor even the powers of superintendence and control Under Section 104 of the Constitution of Jammu and Kashmir in relation to Courts situated outside the territory of the State, its order will have no binding force on those Courts. The same will be true of the Police Stations which are situated outside the territory of the State. Law will not, therefore, countenance a situation where ....

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.... Jammu and Kashmir, but must mean a Court competent to try or commit the accused for trial, for the contrary interpretation to be placed upon it is bound to bring Section 497, into conflict with Section 167 of the Code, in particular, to Sub-section (2) thereof. Sub-section (2) of Section 167 reads as under: (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or commit it for trial and considers further detention unnecessary, he may order the accused to be f....