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2013 Supreme(Mad) 3921

V.DHANAPALAN, R.SUBBIAH, C.T.SELVAM
Mahender Goyal – Appellant
Versus
Kadamba International – Respondent


JUDGMENT

V. DHANAPALAN, J.

The prayer in this petition is to call for the records in S.T.C. No. 670 of 2011 on the file of Judicial Magistrate No. II, Erode, and quash the same.

2. This matter was directed to be listed before a Larger Bench, comprising three Judges, on reference by a learned single Judge, to decide the following issues :

(i) During post cognizance stage, if the Magistrate is convinced that he lacks territorial jurisdiction to try the case, can it be lawful for the Magistrate to submit the case records along with a report to the Chief Judicial Magistrate (either in the same State or outside) to whom he is not subordinate ?

(ii) In exercise of its inherent powers, whether the High Court can quash the cognizance taken by a Magistrate who lacks territorial jurisdiction to try the case ?

(iii) During post cognizance stage, whether the High Court can order return of the complaint and the connected records to the complainant so as to enable him to go before the Magistrate having territorial jurisdiction outside the jurisdiction of the said High Court ?

(iv) During post cognizance stage, whether the High Court can simply direct the Magistrate to return the complaint without inte






























































































































































































































































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