2005 (3) TMI 822 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the High Court under Article 226 of the Constitution of India.
2. Applicability of Article 227 of the Constitution of India.
3. The propriety of entertaining writ petitions to quash proceedings of a subordinate court under the superintendence of another High Court.
4. The relevance of the cause of action in determining jurisdiction.
5. The applicability of Section 482 of the Code of Criminal Procedure.
6. The potential for concurrent jurisdiction and the resulting complications.

Issue-wise Detailed Analysis:

1. Jurisdiction of the High Court under Article 226 of the Constitution of India:
The appellants filed a writ petition under Article 226 of the Constitution of India to quash the complaint in Calendar Case No. 388 of 2002 filed before the Judicial First Class Magistrate-II, Erode, Tamil Nadu. The contention was that the entire episode took place in Ernakulam, Kerala, and thus, the complaint filed in Erode was liable to be quashed. The learned Single Judge dismissed the writ petition, holding that evidence was needed to appreciate the contention, which could only be taken by the trial court. The appellants argued that the High Court of Kerala had jurisdiction under Article 226(2) as part of the cause of action arose within its territory.

2. Applicability of Article 227 of the Constitution of India:
The court examined whether it was proper for the Kerala High Court to exercise jurisdiction under Article 226 to quash proceedings of a subordinate court under the superintendence of the Madras High Court. Article 227 grants the High Court superintendence over all courts within its jurisdiction. The court noted that the High Court of Madras had supervisory jurisdiction over the Judicial Magistrate Court at Erode.

3. The propriety of entertaining writ petitions to quash proceedings of a subordinate court under the superintendence of another High Court:
The court highlighted that entertaining such writ petitions could lead to a clash of jurisdiction between two High Courts. It emphasized that the High Court of Madras was more appropriate to handle the matter as it had supervisory jurisdiction over the subordinate court at Erode.

4. The relevance of the cause of action in determining jurisdiction:
The court acknowledged that if part of the cause of action arose within Kerala, the Kerala High Court could exercise jurisdiction under Article 226(2). However, it stressed that the High Court of Madras also had jurisdiction under Article 226(1) and Article 227 due to the location of the subordinate court.

5. The applicability of Section 482 of the Code of Criminal Procedure:
The court referred to the decision in Krishnakumar Menon v. Neoteric Informatique (P) Ltd., which held that a pending matter in a court under another High Court's jurisdiction could not be quashed by the Kerala High Court using Section 482 Cr.P.C. The court noted that the Division Bench in Krishnakumar Menon's case made passing observations about Article 226, but those observations did not advance the appellants' contention in this case.

6. The potential for concurrent jurisdiction and the resulting complications:
The court discussed the possibility of concurrent jurisdiction leading to parallel proceedings and conflicting verdicts. It noted that such an undesirable result could be avoided by the High Court with supervisory jurisdiction over the subordinate court handling the matter. The court emphasized that the High Court of Madras was more appropriate to exercise jurisdiction in this case to avoid practical difficulties and inconvenience.

Conclusion:
The court concluded that it would not be proper for the Kerala High Court to entertain the writ petition under Article 226 to quash the proceedings of the Judicial First Class Magistrate Court-II, Erode. The writ appeal was dismissed without prejudice to the appellants' right to invoke the jurisdiction of the High Court of Madras. The court clarified that it had not expressed any opinion on the merits of the calendar case pending before the Judicial First Class Magistrate Court-II, Erode.