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G. K. ILANTHIRAIYAN
Maria Ramesh – Appellant
Versus
State Rep. by The Assistant Commissioner of Police, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records which culminated into the FIR No.218 of 2020 dated 16.12.2020 on the file of the second respondent and quash the same as it is violation of Article 21 of the Constitution of India.)
Common Order
1. These Writ Petitions have been filed to quash the FIR in Crime No.218 of 2020 on the file of the second respondent registered for the offences punishable under Sections 406, 420 & 120B of IPC as against the petitioners.
2. The petitioners in both Writ Petitions are arrayed as accused in Crime No.218 of 2020 on the file of the second respondent registered for the offences under Sections 406, 420, 120B of I.P.C., as A1, A2 & A7. The respondents 3 & 4 are complainants lodged complaint before the second respondent alleging that the accused persons assured them that the project viz., USHERA situated at Kancheepuram, Chennai, is well funded by M/s. Call Express Construction (India) Private Limited for which, a promotional event was organized at Maurya Sheraton Hotel, New Delhi on 27.02.2015. In that promotional event, the complainants were induc
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.
Point of law: power under Section 482 of the Code of Criminal Procedure for the purpose of quashing the F.I.R. is concerned, the only criteria is the situs of the authority who has registered the cas....
The court ruled that the High Court lacks jurisdiction to entertain writ petitions when the integral part of the cause of action arises outside its territorial limits, despite minor connections to th....
The main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
The doctrine of forum conveniens allows a court to decline jurisdiction even when a part of the cause of action arises in its territory, focusing on the convenience of all parties involved.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
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