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2010 Supreme(Bom) 1339

A.M.KHANWILKAR, U.D.SALVI
Trade-Wings Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr.Haresh Jagtiani, Sr.Counsel with Mr.Tejas H.Bhatt, Mr.Siddhesh S.Bhole, Ms.Natasha Buhariwala, Ms.Nisha Srinivasan i/b M/s.Haresh Jagtiani & Associates for Petitioners. Ms.S.V.Gajare, A.P.P. for State. Mr.Peter Lobo with Mr.Rajesh Mirchandani for Respondent No.3.

Judgment :

A.M. Khanwilkar, J.

In both these Petitions, preliminary objection regarding maintainability of Writ Petitions has been raised on behalf of the private Respondents. According to the private Respondents, Writ Petition under Article 226 of the Constitution of India to question the validity of order issuing process, passed by the Criminal Court of some other State which is not subordinate to this Court, cannot be entertained by this Court. Besides, even though the Petitions instituted by the Petitioners are under Article 226 of the Constitution of India, the grounds agitated therein are in the nature of invoking supervisory jurisdiction of this Court and since the trial Court which has issued process is outside the territorial jurisdiction of this Court, this Court should be loath in exercising writ jurisdiction.

2. The background in which both these Petitions have been instituted in this Court, in brief, are as follows:

The renumbered Respondent No.2 in the respective Petitions have filed complaints before the Court of the IIIrd Additional Chief Metropolitan Magistrate at Hyderabad and XVIIth Additional Chief Metropolitan Magistrate being CC No.1178/2008 and CC No.1577/200






















































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