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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
NELSON SAILO, KAUSHIK GOSWAMI
D.K. Chandrasekaran, S/o- S. Kulanthaisamy – Appellant
Versus
Lalsawirema, S/o- Zozinga (L) – Respondent
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
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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