CWP No. 826/2008. 24.07.2009 Present: Mr. B.C. Negi, Advocate for the petitioner. Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals for respondent No.1. Mr. R.S. Bains, Advocate with Mr. S.D. Vasudeva, Advocate for respondent No.2. The first information report was registered at the instance of respondent No.2 against the petitioner on 20.8.2007. The petitioner had earlier approached this Court by way of CWP No. 679/2008. He had sought for the quashing of F.I.R. dated 20.8.2007 and for the stay of the proceedings pending before the Magistrate. The Civil Writ Petition bearing No. 679/2008 was withdrawn by the petitioner to approach the appropriate forum. The present petition has been filed for the same and similar relief. This is not permissible under law. Mr. B.C. Negi, Advocate has strenuously argued that no part of cause of action has arisen within the jurisdiction of Police Station, Dharamshala and consequently, the registration of FIR is gross misuse of the process of law. We are of the considered view that this question should have been raised by the petitioner before the concerned Magistrate. However, in the interest of justice, we permit the petitioner to raise the issue of territorial jurisdiction before the Magistrate by moving appropriate application at this stage. The Magistrate concerned is directed to decide the application in accordance with law as a preliminary issue. Since this question can be gone without the presence of the petitioner, we exempt him from appearing before the Magistrate in person till the decision of this application. Immediately, after the decision of the application, the trial shall commence. Accordingly, in view of the observations made hereinabove, the petition is disposed of. No costs. (Jagdish Bhalla), C.J. (Rajiv Sharma), J. July 24, 2009. *awasthi*