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2022 (6) TMI 1409 - HC - Indian LawsSeeking grant of Anticipatory Bail - FIR registered beyond the jurisdiction of this Court - 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? HELD THAT:- The above issue came up for consideration before this Court in the case of Mohan Singh Parihar vs. Commission of Police and Ors. [1982 (11) TMI 184 - JAMMU AND KASHMIR HIGH COURT]. This Court, after noticing the provisions contained in Section 497-A of the Jammu and Kashmir Cr. P. C, which is in pari materia with Section 438 of the Central Cr. P. C, as also the provisions contained in Section 6 of the J&K Cr. P. C, which is in pari materia with Section 6 of the Central Cr. P. C, observed that On the parity of the reasoning, the High Court and a Court of Session of which Section 497-A speak, must also mean the High Court and the Court of Session competent to try the accused seeking enlargement on bail. 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. 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 - 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. The petition is held to be not maintainable and the same is dismissed accordingly.
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