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2026 Supreme(Gau) 808

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Nelson Sailo, Kaushik Goswami, JJ.
D.K. Chandrasekaran, S/o- S. Kulanthaisamy - Appellant
Versus
Sh. Lalsawirema, S/o- Zozinga (L) - Respondent
W.A. NO. 01 OF 2026
Decided On : 20-05-2026

Advocates Appeared:
For the Appellant :Mr. P. Deka, Advocate.
For the Respondent:Mr. Lalsawirema (in person), Mr. M. Smith, Advocate

Judicial orders passed by a criminal court of competent jurisdiction are not amenable to challenge under writ jurisdiction. Writ proceedings cannot be invoked as a substitute for established appellate or revisional remedies, regardless of alleged territorial consequences or procedural errors.

Headnote:(A) Constitution of India - Articles 226 and 227 - Writ jurisdiction - Maintainability of petition against judicial orders - Judicial orders passed by a criminal court acting in exercise of judicial power are not amenable to challenge under writ jurisdiction as a substitute for remedies otherwise recognized in the judicial hierarchy - Mere allegation of violation of principles of natural justice or procedural irregularity does not convert a judicial determination into an administrative act entitling invocation of writ relief. (Paras 19, 21, 25, 28)

(B) Territorial Jurisdiction - Article 226(2) - Cause of action - A writ petition challenging a judicial order cannot be maintained merely because consequential impact or legal injury is felt within the territorial limits of a court, where the foundational judicial proceedings originated and occurred entirely in another jurisdiction - Constitutional jurisdiction does not arise from territorial consequences when the impugned action is outside the ambit of the court’s authority. (Paras 39, 40, 43, 49)

(C) Supervisory Jurisdiction - Article 227 - Scope - Power of superintendence is limited to courts and tribunals within the territorial limits of the high court - A high court cannot exercise supervisory control over a criminal court answerable to the high court of another state. (Paras 46, 47)

Facts of the case:
A petition was filed invoking writ jurisdiction against a judicial order passed by a criminal court in a different state, which directed the transfer of funds from a bank account. The writ petitioner alleged violation of principles of natural justice and constitutional rights, asserting that the immediate financial impact occurred within the territorial jurisdiction of the high court. The high court granted interim stay, which was challenged in this intra-court appeal on the ground of lack of maintainability and jurisdictional competence.

Findings of Court:
The court held that the writ petition was constitutionally incompetent. It emphasized that judicial orders of criminal courts must be challenged through established appellate or revisional remedies within the hierarchy of the court forming the origin of the proceedings. It rejected the argument that constitutional rights or territorial consequences could confer jurisdiction where none exists, ruling that the nature of the judicial order rather than the location of the effect determines the forum.

Issues: The main issues were the maintainability of a writ petition against a judicial order passed by a criminal court of another state and whether territorial consequences in the form of affected bank accounts provide sufficient nexus for exercising writ jurisdiction under Article 226(2) or Article 227.

Ratio Decidendi: Judicial orders stand on a different footing from administrative actions; they are not amenable to challenge under writ jurisdiction as a substitute for statutory remedies. Forum creation cannot be achieved by recasting a grievance in constitutional terminology, and territorial jurisdiction cannot override the fundamental lack of power to review judicial orders passed by courts in other states.

Result: Appeal allowed; interim order set aside.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. P. Deka, learned counsel appearing for the appellant. Also heard Mr. Lalsawirema, respondent No. 1 appearing in person, and Mr. M. Smith, learned counsel appearing for the respondent Nos. 2 & 3.

2] This intra-court appeal is directed against the interim order dated 13.01.2026 passed by the learned Single Judge in W.P.(Crl.) No. 9/2025, whereby operation of the order dated 03.03.2025 passed by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Criminal Case No. 15/2025 came to be stayed.

3] The appellant, who was respondent No. 5 in the writ proceedings, is aggrieved by the said interim order and contends that the writ petition itself was constitutionally incompetent, the challenge therein being directed against a judicial order passed by a criminal court situated outside the territorial jurisdiction of this Court.

4] The facts giving rise to the present proceedings, shorn of unnecessary detail, are as follows:

The appellant claims to be a victim of an online financial fraud of considerable magnitude. According to the appellant, he was induced through certain online platforms and WhatsApp groups purporting to be associated with investment and stock trading activities, pursuant whereto various sums aggregating to approximately Rs.5.34 crores were transferred to multiple bank accounts on the representation that such transfers were towards legitimate investment transactions. Upon subsequently suspecting that the entire arrangement was fraudulent, the appellant approached the competent cyber crime authorities in the State of Tamil Nadu. An FIR came to be registered as FIR No. 15/2025 under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 read with applicable provisions of the Information Technology Act, and investigation was commenced by the State Cyber Crime Investigation authorities at Chennai.

5] During the course of investigation, the investigating agency claims to have traced portions of the allegedly defrauded funds through various banking channels. According to the appellant, one such money trail led to the bank account maintained by respondent No. 1 with HDFC Bank, Kolasib Branch, Mizoram.

6] It appears that acting in connection with the said investigation, the account in question came to be frozen. Thereafter, proceedings were placed before the learned XI Metropolitan Magistrate, Saidapet, Chennai in connection with the said criminal case. By order dated 03.03.2025 passed in the said proceedings, the learned Metropolitan Magistrate directed defreezing of the said account and further directed transfer of an amount of Rs.27,90,009/- lying therein to the appellant’s bank account. Another sum of Rs.2,50,000/- from a separate account appears also to have been directed to be transferred, which, according to the appellant, was in fact acted upon.

7] Respondent No. 1, whose account at Kolasib was the subject matter of the aforesaid order, disputes the legality of the said judicial direction. His case is that he was never afforded notice or opportunity of hearing before the order dated 03.03.2025 came to be passed; that the account in question was not reflected in the original FIR; and that deprivation of the funds standing to his credit without notice amounted to violation of principles of natural justice and infringement of his constitutional rights.

8] The record further reveals that respondent No. 1 also instituted civil proceedings before the competent civil court at Kolasib in relation to the said bank account, in which an interim order directing maintenance of status quo came to be passed restraining disposal of the amount pending consideration of the interlocutory proceedings. Certain other proceedings also appear to have been initiated touching the freezing of the account and actions of the bank authorities. However, those proceedings do not directly arise for adjudication in the present appeal except to the limited extent of background facts.

9] Be that as it may, respon

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