Excelsior Correspondent
Srinagar, June 6: High Court today ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered in a Police Station situated outside its jurisdiction.
Justice Sanjay Dhar while dismissing an application moved by one Nazir Ahmad Wani and others seeking bail in anticipation of arrest in a case registered in Madhya Pradesh said that the application is not maintainable as the case has been registered outside the jurisdiction of the court.
The applicants contended that they happen to be the in-laws and husband of the complainant. It is stated that the marriage between applicant and the complainant has taken place in 2013 and out of the marriage, one son has been born.
It is submitted that the respondent has lodged an FIR (No.238 dated 25.04.2022) with Police Station, Neemuch, 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.
Justice Dhar concluded 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 even though the petitioner may be residing within the jurisdiction of this Court.
The petitioners, court added, 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. “For the foregoing reasons, the petition is held to be not maintainable and the same is dismissed accordingly”, Court said.
Their counsel contended the petitioner-applicants are entitled to grant of anticipatory bail as the Supreme Court has time and again emphasised that in case of matrimonial offences, arrest of an accused should not be made as a matter of course.
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