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A. J. DESAI, V. G. ARUN
Alfa One Global Builders Pvt. Ltd. – Appellant
Versus
Nirmala Padmanabhan, W/o. Raghunathu T. Pillai – Respondent
JUDGMENT :
A.J. Desai, J.
The present appeal has been filed by the original petitioners of W.P.(Crl.) No. 1196 of 2022, challenging the judgment dated 21.08.2023, by which, the learned single Judge has refused to entertain the writ petition seeking to quash all the proceedings in C.C. No.290/2022 on the files of Judicial First Class Magistrate Court - I, Chengannur, alleging that the court has no jurisdiction to entertain the complaint filed by the original respondent No.3 and such other consequential reliefs.
2. The Bench raised a query about the maintainability of the present appeal, which has been filed under Section 5 of the Kerala High Court Act, 1958, in view of the prayers made and the contentions raised in the writ petition.
3. Mr. K.V. Sohan, learned Advocate for the appellants/ original petitioners, would submit that the petitioners filed the writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, raising an issue concerning the maintainability of a complaint preferred by respondent No.3 and jurisdiction of the Magistrate before whom the complaint has been preferred. He would submit that when such an issue wa
A writ appeal against an order declining to quash criminal proceedings is not maintainable when the order is based on the exercise of criminal jurisdiction.
A writ appeal is not maintainable against a decision exercising supervisory jurisdiction under Article 227, as it does not constitute original jurisdiction under Section 5(i) of the Kerala High Court....
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
(1) When challenge lies to entire proceeding of a case registered under SC/ST Act, High Court could entertain the case under its inherent jurisdiction to secure end of justice – High Courts are not m....
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