Kerman K Mistry v. State ( NCT Of Delhi) & ORS

$~112 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1531/2016 KERMAN K MISTRY ..... Petitioner Through Mr.H.S.Phoolka, Sr.

Adv.

with Mr.Jagjit Singh Chhabra, Mr.Surjit Singh and Ms.Shilpa Dewan, Advs.

versus STATE ( NCT OF DELHI) & ORS ..... Respondent Through Mr.Izhar Ahmad, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 25.04.2016 Crl.M.A. 6584/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.C. 1531/2016 & Crl.M.A. 6583/2016 (Stay) The present petition has been filed by the counsel for the counsel for the petitioner with the prayer :

"In view of the aforesaid submissions, it is therefore most respectfully prayed that this Hon'ble Court be pleased to permit the petitioner to surrender within the court of competent jurisdiction at Mumbai in view of compelling medical reasons and to serve the sentence awarded to him by this Hon'ble Court pursuance to order dated 30.11.2015 & order dated 17.12.2015 passed by this Hon'ble Court in Criminal Appeal No.874/2014."

Undisputedly, this Court is not having any jurisdiction over the territory of State of Maharashtra i.e. Mumbai. Neither this petition can be entertained nor any relief can be granted, particularly when the NBWs have already been issued against the petitioner. Consequently, the present petition and application Crl.M.A. 6583/2016 are dismissed.

P.S.TEJI, J APRIL 25, 2016 dd