HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 990 of 2012 Petitioner :- Neeraj Goswami & Ors. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Girish Chandra Respondent Counsel :- Govt. Advocate,S.C.Shukla,Suresh Chandra Shukla Hon'ble Ajai Lamba,J.
The petition has been filed on the premise that the investigating agency or the courts in Lucknow have no territorial jurisdiction over the issue.
Similar issue had been raised at the instance of the petitioners by way of filing Criminal Misc. Application No.3812 of 2010, titled Neeraj Goswami & ors. v. State of U.P. & ors. By way of judgment dated 25.7.2011 petition was dismissed by Coordinate Bench of this Court viz. Shri Narain Shukla, J.
It appears that the petitioners approached the Hon'ble Supreme Court of India. Even the Supreme Court of India dismissed the petition of the petitioners.
Similar issue has been raised by way of this petition, after application of the petitioner has been dismissed by the Magistrate concerned.
Since the facts and circumstances of the case have already been adjudicated by a Co-ordinate Bench (Shri Narain Shukla, J.), it would be appropriate if the same Bench hears this petition.
Let this petition be listed before the same Bench after, however, obtaining orders from Hon'ble the Chief Justice/Senior Judge.
In view of the nature of case and also the fact that stay is operating in favour of the petitioners, let this case be listed on 28.5.2012.
Interim order shall continue till the next date of listing.
Order Date :- 23.5.2012 A.Nigam