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
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
Radhey Shyam and Anr., v. Chhabi Nath and Anr.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
Judicial orders of criminal courts cannot be challenged under Article 226 of the Constitution; such challenges must proceed under Article 227.
The maintainability of intra-court appeals concerning orders made in criminal jurisdiction under Clause 15 of the Letters Patent is established as not permissible, emphasizing the nature of the proce....
Intra Court Appeals arising from orders passed in criminal jurisdiction by a Single Judge are not maintainable under Clause 15 of the Letters Patent.
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