2020[3]APHC – TERRITORIAL JURISDICTION OF CRIME ?

A] No case can be thrown out on the point of territorial jurisdiction -Therefore, a combined reading of Section 156 (2) and Section 322 of Cr.P.C makes it manifest that either at the stage of investigation or at the stage of trial of the case, no criminal case can be thrown out or be quashed on the ground of want of territorial jurisdiction. Therefore, the present case cannot be quashed on that ground.
B].Sec.307 IPC – Mere mentioning of the fact in the F.I.R. that the petitioners have attacked him with an intention to kill him by itself is not sufficient to hold that the petitioners have intended to kill him and thereby attacked him. The allegations set out in the F.I.R. show that some of the accused 5 only beat him with hands and legs. Therefore, the facts of the case prima facie do not constitute any offence punishable under Section 307 of I.P.C.