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J&K and Ladakh HC Dismissed Plea Seeking Anticipatory Bail Due to Jurisdictional Limits

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Paridhi Arya

Published on June 12, 2022 at 11:23 IST

The Single Judge Bench of Justice Sanjay Dhar again stated while rejecting the Petition that Anticipatory Bail provided under Section 438 of CrPC cannot be granted when FIR is filed outside the local jurisdiction of High Court.

The Petitioners were husband and in-laws of complainant against whom the case is file in the Madhya Pradesh. In 2013, the complainant got married with the Petitioner and had a son but then in 2022, she filed FIR under Section 498A of IPC, the FIR was said to be inasmuch registered in State of Madhya Pradesh.

The Counsel representing the Petitioner referred the case of Bhadresh Bipinbhai Sheth v. State of Gujarat & Anr., in which the Apex Court of India observed that in matrimonial cases arrest should be made assuming the natural and logical consequences and so anticipatory bail should be granted.

The Court emphasized on its own judgment in case of Mohan Singh Parihar v. Commissioner of Police 1982 SCC OnLine J&K 35 and observed that irrespective of whether Petitioner resides in the Jurisdiction but if FIR is registered beyond jurisdictional limit of the case then in such case bail application cannot be entertained. This question is not res intrega.

The Court further observed that in the Petition prayer is made for anticipatory bail rather than the transit bail and therefore this Court lacks jurisdiction in this case.