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2017 (8) TMI 1593 - HC - Indian LawsMaintainability of petition - territorial jurisdiction - Whether this Court has territorial jurisdiction to entertain these writ petitions? - HELD THAT:- This Court, carefully perused the writ petitions filed by the writ petitioners and also the objections raised by the learned Additional Solicitor General and also the oral arguments advanced by the respective counsel for the petitioners and catena of decisions cited on either side and the written arguments submitted by the respective counsel, the FIR filed by the respondent CBI, the search warrant issued by the Special Court and the notices issued by the respondent CBI under Section 41-A(1) r/w.41(1)(b) Cr.PC - this Court hears the writ petitions on the question of maintainability alone, with regard to preliminary issue as to whether this Court has got territorial jurisdiction to entertain these writ petitions. Whether the territorial jurisdiction can be decided as preliminary issue? - HELD THAT:- This Court has territorial jurisdiction to entertain the writ petitions. Whether the Doctrine of Forum convenience is applicable to this case? - HELD THAT:- This Court is not entertaining these writ petitions, for the reason that this Court is inclined to adopt the doctrine of forum convenience, that being so no prejudice would be caused to the petitioners and also they are having an alternative remedy to approach the Delhi High Court for the very same relief, which has superintendence power over the Special Court for CBI Cases at New Delhi which is within its jurisdiction. In this case, though the writ petitions are maintainable and this Court has territorial jurisdiction, however, in the interest of justice and in order to avoid conflicting view, in case any one of the party approaches before the Delhi High Court or Bombay High Court for the very same relief, this Court is inclined to adopt the doctrine of forum convenience - this Court is not inclined to invoke its extraordinary discretionary power to entertain these writ petitions before this Court. All the points raised are answered accordingly. The Registry is directed to return all the papers filed before this Court to the parties for enabling them to approach the Delhi High Court, which has superintendence power over the Special Court for CBI Cases at New Delhi which is within its jurisdiction.
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