SHRI RAJENDRA RAMCHANDRA KAVALEKAR versus STATE OF MAHARASHTRA & ANR.

SHRI RAJENDRA RAMCHANDRA KAVALEKAR versus STATE OF MAHARASHTRA & ANR.

The High Court of Judicature at Bombay correctly declined to entertain the writ since the cause of action arose substantially in Ranchi, investigation was completed there, and all relevant records and proceedings are before the Special Judge (CBI), Ranchi. Territorial jurisdiction is determined by the place where...

Source-derived case information.

Parties
Appellant: Shri Rajendra Ramchandra Kavalekar; Respondents: State of Maharashtra & Anr.
Jurisdiction
India
Judgment Date
23 January 2009
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment on Writ Petition Seeking Quashing of Criminal Case
Outcome
Appeal dismissed; parties to bear their own costs.
Legal Topics
Territorial Jurisdiction, Conspiracy, Forgery, Prevention of Corruption Act, 1988
Criminal Law Territorial Jurisdiction Conspiracy Forgery Prevention of Corruption Act, 1988

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Parties

Shri Rajendra Ramchandra Kavalekar

Appellant

State of Maharashtra & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment on Writ Petition Seeking Quashing of Criminal Case

Legal Issues

  1. 1 Whether the High Court of Judicature at Bombay had jurisdiction to entertain a writ to quash a criminal case registered and investigated in Ranchi, Jharkhand
  2. 2 Appropriate territorial jurisdiction for prosecution of criminal conspiracy involving actions spanning multiple States

Ratio Decidendi

The High Court of Judicature at Bombay correctly declined to entertain the writ since the cause of action arose substantially in Ranchi, investigation was completed there, and all relevant records and proceedings are before the Special Judge (CBI), Ranchi. Territorial jurisdiction is determined by the place where the alleged criminal acts, including conspiracy, occurred.

Court Disposition

Appeal dismissed; parties to bear their own costs.

Orders

  • Transfer Petition (Criminal) No. 234 of 2006 does not survive and is disposed of accordingly.