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may 2010

Supreme Court of India · 2010-05-03

Krishna Kumar Variar vs Share Shoppe

Citation / case number
2010 AIR SCW 4410
Court
Supreme Court of India
Petitioner
Krishna Kumar Variar
Respondent
Share Shoppe
Bench
Markandey Katju, A.K. Patnaik

Judgment text excerpt

The Supreme Court held that in cases where an accused challenges the jurisdiction of the Trial Court, the appropriate course of action is to file an application before the Trial Court rather than directly approaching a higher court. The Court emphasized that jurisdiction depends on the facts of the case and should be determined by the Trial Court after hearing both parties and recording evidence if necessary. Consequently, the impugned order of the High Court was set aside, allowing the appellant to approach the Trial Court with a suitable application regarding jurisdiction.

Krishna Kumar Variar vs Share Shoppe · Niyam