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2021 Supreme(Telangana) 261

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Kunuru Lakshman, J.
Nori Kalyana Sundar - Appellants
Vs.
State of Madhya Pradesh and Ors. - Respondent
Writ Petition (SR) No. 4617 of 2021
Decided On : 01-06-2021

Advocates:
Advocate Appeared:
For the Appellant : B. Ravi Kiran Singh

Headnote:

Constitution of India,1950 - Article 226 – Indian Penal Code, 1860 - Section 409 - Criminal breach of trust – Charged- Seeking to quash proceedings - Petitioner herein as accused in Cr. No. on file of SHO Misrot who is 2nd respondent herein at instance of other respondents as arbitrary, illegal, capricious and violative of principles of natural justice, in violation of fundamental rights guaranteed under constitution of India more particularly Article 21, and in violation of law governing agreement between M/s. MP Road Development Corporation Ltd. and M/s. Transstroy Bhopal Bypass Toll ways Pvt. Ltd. and other laws for time being in force and consequently quash said FIR petitioner - Court can exercise jurisdiction is instant matter as it relates to fundamental rights of accused who is resident of Telangana State and no more an employee of company with which State of M.P. (complainant) entered into agreement with part of course of action arose as FIR did not make company accused but a consultant Chartered Accountants was made accused impacting his fundamental rights guaranteed under Indian Constitution - Copy of Article 226 of Constitution of India is enclosed herewith – Held, On receipt of FIR, a wireless message was sent by S.P., CBI, ACB, Bombay to Chief Secretary, Arunachal Pradesh with a request to advise accused to meet Inspector of Police, CBI, ACB, Bombay in connection with said crime registered against him. Basing on said wireless message, accused filed writ petition in High Court to quash said FIR - Writ petition is maintainable in view of Article 226(2) of Constitution of India - Said order was confirmed by a Division Bench - Matter was carried in SLP and Hon'ble Supreme Court held that writ petition is not maintainable and judgment in writ petition and confirmed in appeal were set aside - In view of law laid down by Apex Court and discussion made supra, since present writ petition is filed seeking to quash proceedings in Crime No. registered on file of Station House Officer, Misrot Police Station, District, which is not within territorial jurisdiction of Court, objection raised by Registry is sustainable - Registry is directed to return papers to the petitioner.

ORDER :

Kunuru Lakshman, J.

1. This writ petition is filed seeking the following relief:

    ".....declaring that arraigning the petitioner herein as the accused in Cr. No. 294/2020 on the file of the SHO Misrot who is the 2nd respondent herein at the instance of the other respondents as arbitrary, illegal, capricious and violative of principles of natural justice, in violation of fundamental rights guaranteed under the constitution of India more particularly Article 21, and in violation of the law governing the agreement between M/s. MP Road Development Corporation Ltd. and M/s. Transstroy Bhopal Bypass Toll ways Pvt. Ltd. and other laws for the time being in force and consequently quash the said FIR against the petitioner."

2. The Registry of this Court has returned the writ petition, raising the following objection:-

    "Please clarify, how this Writ Petition is filed by the petitioner before this Hon'ble Court questioning the FIR in Cr. No. 294/2020 registered on the file of the S.H.O. Misrot, Bhopal, Madhya Pradesh State, which is not located within the Territorial Jurisdiction of this Hon'ble Court."

3. Learned counsel for the petitioner has re-submitted the writ petition with the following explanation:-

    "In view of Article 226(2) this Hon'ble Court can exercise jurisdiction is the instant matter as it relates to fundamental rights of the accused who is resident of Telangana State and no more an employee of the company with which State of M.P. (complainant) entered into agreement with part of course of action arose as the FIR did not make the company accused but a consultant Chartered Accountants was made accused impacting his fundamental rights guaranteed under Indian Constitution. Copy of Article 226 of Constitution of India is enclosed herewith."

4. As stated above, the petitioner herein has filed the present writ petition seeking to quash the proceedings in Crime No. 294 of 2020 pending on the file of Station House Officer, Misrot Police Station, Bhopal District, Madhya Pradesh. The offence alleged against the petitioner herein is under Section 409 of IPC.

5. Sri B. Ravi Kiran Singh, learned counsel for the petitioner, referring to Article 226(2) of the Constitution of India, would submit that the petitioner is a Consultant to Transstroy Bhopal Bypass Tollways Pvt. Ltd. and the said Company is situated in Hyderabad. The agreement between the said Company and respondent No. 3 was entered in Hyderabad and therefore, part of cause of action arose in Hyderabad, which is within the territorial jurisdiction of this Court. Therefore, the present writ petition filed by the petitioner, seeking to quash the proceedings in Crime No. 294 of 2020 on the file of Station House Officer, Misrot Police Station, Bhopal District, Madhya Pradesh, is maintainable.

6. In view of the said submission, it is apt to reproduce Article 226(2) of the Constitution of India, which reads as under:-

    "226(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the caus of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories."

7. Article 226 of the Constitution of India deals with power of High Courts to issue certain writs. As per Article 226(2) of the Constitution of India, the power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

8. By referring to the said article, Sri B. Ravi Kiran Singh, learned counsel for t

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