K.T.THOMAS, D.P.MOHAPATRA
Navinchandra N. Majithia – Appellant
Versus
State Of Maharashtra – Respondent
The legal issue primarily concerns the territorial jurisdiction of a High Court under Article 226 of the Constitution of India, specifically in the context of criminal proceedings and the filing of FIRs across different states. The core principle is that a High Court's jurisdiction to entertain a writ petition depends on whether any part of the cause of action has arisen within its territorial limits (!) (!) .
The cause of action is understood as the set of facts that entitle a party to seek judicial relief, and it may arise wholly or partly within the jurisdiction of a particular High Court (!) (!) (!) (!) . It is not solely determined by the residence of the petitioner or the location where the FIR is registered but by the actual facts and events that give rise to the dispute or complaint (!) (!) .
In criminal cases, the place where the offence was committed is the primary factor in establishing jurisdiction, but this is interpreted broadly to include any part of the offence or related acts that occur within the territorial limits of a High Court (!) (!) (!) . The investigation process, even if conducted in a different state, does not alone establish a cause of action within that state's jurisdiction (!) (!) .
Furthermore, the law recognizes that police cooperation across states is permissible, and the mere fact that investigation or police action occurs outside a state's jurisdiction does not automatically negate the jurisdiction of a High Court where a part of the facts or offence originated or where the dispute has substantial links (!) (!) (!) .
In the context of civil or quasi-civil proceedings, such as disputes over shares or contractual agreements, the place where the relevant facts occurred—such as the location of the transaction or the registered office of the company—is significant in determining jurisdiction (!) (!) .
Overall, the jurisdictional test involves a factual analysis of where the material facts or events that form the basis of the claim or complaint took place, rather than solely where the FIR was lodged or where the residence of the parties is located (!) (!) (!) . The courts emphasize that jurisdiction should be exercised only if a substantial part of the cause of action or relevant facts are within the territorial limits of the High Court in question.
JUDGMENT
Thomas, J.-I respectfully agree with the Judgment prepared by my learned brother Mohapatra, J. In view of the importance of the legal issue highlighted before us - regarding the extent of jurisdiction of a High Court under Article 226 of the Constitution of India - I am tempted to add a few lines of my own for a further support to the conclusion reached by my learned brother.
2. As the facts of the case have been succinctly narrated by Mohapatra, J., I shall set out only the main issue involved. Whether the High Court of Bombay has jurisdiction to issue a writ under Article 226 of the Constitution to in respect of any step taken or to be taken pursuant to the FIR registered by the Shillong police in the State of Meghalaya. The Division Bench of the High Court of Bombay dismissed the writ petition filed by the appellants solely on the ground of want of jurisdiction. The Division Bench has observed thus :
"Petitioner cannot content that a part of the cause of action arose within the limits of this Court as Bombay Police sought to interrogate him. The investigation is not the cause of action. The investigation is only the consequence of the FIR filed by the 4th respondent before
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