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Category: High Court of Jammu & Kashmir Judgment or Order or Notification

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022

Posted on June 18 by ShadesOfKnife

A single judge bench held that, it has no jurisdiction to grant anticipatory bail to the petitioner, since the FIR was registered outside the territory of the High Court.

From Para 2,

2. It is averred in the application that the petitioners happen to be the in-laws and husband of the complainant. It is stated 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.

Issue from Para 5,

5. In the instant case, the petitioners are seeking bail in an FIR which has been registered beyond the jurisdiction of this Court, inasmuch as the FIR has been registered in the State of Madhya Pradesh. The question that arises for consideration is whether this Court, in exercise of its powers under Section 438 of the Cr. P. C, is vested with jurisdiction to grant bail in a case that has been registered beyond its local limits of jurisdiction.

Decision from Paras 7-9,

7. On the basis of the aforequoted reasoning, the Court came to the conclusion that the High Court has no jurisdiction to grant 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.
8. From the aforequoted enunciation of law on the subject, it is clear that this Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond the local limits of this Court even though the accused/petitioner may be residing within the jurisdiction of this Court.
9. The petitioners in the instant case are not seeking transit bail but are seeking bail in anticipation of their arrest on a permanent basis, regarding which this Court lacks jurisdiction in view of the ratio laid down in the aforequoted judgment.

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022
Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Denied CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - Jurisdiction of High Court to grant Anticipatory Bail who is Booked in a Different State FIR Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors | Leave a comment

Gauri Devi Vs State of J&K on 13 Aug 2021

Posted on August 29, 2021 by ShadesOfKnife

 

Gauri Devi Vs State of J&K on 13 Aug 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/142250936/

 

Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged Gauri Devi Vs State of J&K IPC 306 - Not Made Out so Acquitted IPC 306 – Abetment of suicide | Leave a comment

Ghulam Hassan Sofi and Anr Vs State of JK on 02 Apr 2021

Posted on July 15, 2021 by ShadesOfKnife

Relying on the landmark judgment of SCI here, single judge of Jammu and Kashmir High Court held that the trial court can direct further investigation suo moto even after hearing the petitioner on the point of charging/discharge (under 239/240 CrPC)

Ghulam Hassan Sofi and Anr Vs State of JK on 02 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/154829698/

https://primelegal.in/2021/04/05/court-can-order-further-investigation-while-exercising-its-discretion-u-s-156-cr-p-c-high-court-of-jammu-and-kashmir/

Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 173(8) - Magistrate can Order Further Investigation Ghulam Hassan Sofi and Anr Vs State of JK Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr | Leave a comment

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Posted on October 12, 2020 by ShadesOfKnife

Chief Justice Gita Mittal in a Division Bench passed the order holding the ‘The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001’ as Unconstitutional. Thereby, all the orders, transactions made on the strength of this Act and corresponding Rule are void ab initio.

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Citations :

Other Sources :

 

Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Law or Body Struck Down as Unconstitutional Prof. S. K. Bhalla Vs State of JnK and Ors | Leave a comment

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020

Posted on May 6, 2020 by ShadesOfKnife

High Court of Jammu and Kashmir has given a detailed analysis and conclusions (and limitations it has to implement the conclusions itself) on a 148-year old tradition in Jammu and Kashmir called as Darbar Move. More details here.

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020
Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Azra Ismail Vs UT of Jammu and Kashmir Darbar Move Issued or Recommended Guidelines or Directions or Protocols to be followed Sensational Or Peculiar Cases | Leave a comment

State Of J&K and Another vs Abdul Rehman Mir on 4 August, 2016

Posted on August 21, 2018 by ShadesOfKnife

Another judgment this time from Hon’ble High Court of Jammu & Kashmir, clearly holding that the series of events on the fateful date of 10th July, 2016, are not part of the same transaction because the first occurrence was over when the case was registered on the basis of detailed report as reflected in the first information report. The killing of deceased son of the respondents is a second occurrence hence registration of second FIR regarding this occurrence is permissible.

 

State Of J&K and Another Vs Abdul Rehman Mir on 4 August, 2016
Posted in High Court of Jammu & Kashmir Judgment or Order or Notification | Tagged Second FIR Permission When Events Are From Different Occurances State Of J and K and Another vs Abdul Rehman Mir | Leave a comment

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