Criminal Procedure – Section 482 Cr.P.C. / Section 528 BNSS, 2023 – Quash petition – A.P. Protection of Depositors of Financial Establishments Act, 1999 – Section 5 – Jurisdiction – Liberty to raise objection before Trial Court – Disposal without adjudication on merits Held:

Criminal Procedure – Section 482 Cr.P.C. / Section 528 BNSS, 2023 – Quash petition – A.P. Protection of Depositors of Financial Establishments Act, 1999 – Section 5 – Jurisdiction – Liberty to raise objection before Trial Court – Disposal without adjudication on merits

Held:
Where the petitioner/accused seeks quashment of proceedings confined to Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999, on the ground of lack of jurisdiction, and during hearing confines the relief to seeking liberty to raise all such grounds before the Trial Court, the High Court may dispose of the Criminal Petition granting such liberty, without adjudicating the issue on merits. On filing of an appropriate application, the Trial Court shall consider and decide the question of jurisdiction in accordance with law.
(Paras 1–4)

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ANALYSIS OF FACTS AND LAW

I. Nature of Proceedings

The Criminal Petition was filed under Section 482 Cr.P.C. / Section 528 BNSS, 2023, seeking partial quashment of proceedings in C.C.No.2 of 2018 pending before the Special Judge under the A.P. Protection of Depositors of Financial Establishments Act, 1999, limited only to Section 5 of the said Act, on the ground of lack of jurisdiction.
(Para 1)

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II. Submission of the Petitioner

At the time of hearing, learned counsel for the petitioner expressly restricted the relief, submitting that the petition may be disposed of by granting liberty to raise all available grounds before the Trial Court by filing an appropriate application.
(Para 2)

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III. Stand of the State

The learned Assistant Public Prosecutor, appearing for the State, did not oppose such course and submitted that the Court may pass appropriate orders.
(Para 3)

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IV. Scope of High Court’s Order

The High Court, considering the limited submission made on behalf of the petitioner, did not enter into the merits of the jurisdictional challenge. Instead, the Court exercised restraint and disposed of the petition by granting liberty to the petitioner to approach the Trial Court.

The Trial Court was directed that, upon filing of such application, it shall take an appropriate decision according to law on the point of jurisdiction.
(Para 4)

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V. Effect of the Order

The Criminal Petition stood disposed of, and all pending miscellaneous petitions, if any, were directed to stand closed as a consequence.
(Para 4)

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RATIO DECIDENDI

1. When a petitioner under Section 482 Cr.P.C. / Section 528 BNSS confines relief to seeking liberty to raise jurisdictional objections before the Trial Court, the High Court may dispose of the petition without adjudicating the issue on merits.

2. Questions relating to jurisdiction under the A.P. Protection of Depositors of Financial Establishments Act, 1999 can be left open to be decided by the Trial Court, upon an appropriate application being filed by the accused.

3. Disposal of a quash petition granting liberty does not amount to affirmation or rejection of the jurisdictional objection and keeps all contentions open.