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news details
Sessions Judge's jurisdiction over case investigated by CBI questioned
HC issue notices to Registrar General, Secy Law & Ors
7/11/2018 10:26:29 PM
Early Times Report
Jammu, July 11: In an important question of law before the State High Court in a petition filed by Central Bureau of Investigation as to whether a Sessions Judge at Jammu is empowered to try a case investigated by the CBI relating to a District other than Jammu.
Justice Janak Raj Kotwal after hearing Adv Monika Kohli for the CBI observed that having regard to the importance of the question so involved, the Law Department, Government of Jammu and Kashmir through its Administrative Secretary and the High Court of Jammu and Kashmir through Registrar General are impleaded as party respondents 3 & 4 and issued notice to them for response, in the meanwhile High Court stay the trial.
The significant direction has been passed in a petition filed by CBI that as per the Schedule-1 of J&K CrPC the offence registered under section 467 RPC is exclusively triable by the Court of Sessions. It is submitted that the Chief Judicial Magistrate, Jammu after taking into consideration Schedule 1 of Cr.P.C. committed the case to the Court of Principal Sessions Judge, Jammu vide its order dated 23-8-2016. The Principal Sessions Judge, Jammu assigned the same to the court of Additional Session Judge, Jammu.
It is pertinent to mention here that at Jammu various cases of different district investigated by CBI have been committed by the Court of Chief Judicial Magistrate, Jammu and are being tried and decided at Sessions Division, Jammu and Even the cases of Magistrate Trial are being tried by the Court of Chief Judicial Magistrate, Jammu.
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