Writ petition to quash a criminal complaint filed in Kolkata was declared not maintainable as the High Court lacked jurisdiction, as the case was pending before a competent court there.
Writ petition dismissed as not maintainable due to lack of jurisdiction; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
Jayant Bhattacharjee .. Petitioner
Marshall Sons & Co.(Mfg.) Limited 33, Industrial Estate, Ambattur Chennai – 600 058 and also at 3, Netaji Subash Road, Kolkatta – 700 001 .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records connected with the Criminal Complaint in Case No.C/4725/05 dated 16.05.2005 on the file of the 11th Metropolitan Magistrate, Kolkata and quash the same.
For Petitioner : M/s.Iyer & Thomas
For Respondent : Mr.R.Venkatavaradan
The criminal complaint in Case No.C/4725/05 dated 16.05.2005 on the file of on the file of the 11th Metropolitan Magistrate, Kolkata is under challenge in the present writ petition.
2.The petitioner himself admits the fact that the criminal complaint was filed by the respondent before the learned Chief Metropolitan Magistrate at Kolkata. In view of the fact that the criminal case registered before the Magistrate Court at Kolkata, cannot be challenged before this Court for want of jurisdiction, the writ petition cannot be entertained. Accordingly, it is left open to the writ petitioner to redress his grievances before the competent Court of jurisdiction and thus, the writ petition
stands dismissed as not maintainable. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
kak
To
The 11th Metropolitan Magistrate,
Kolkatta.
W.P.No.30760 of 2005
SSI(CO)
CSL/22.01.2019
1 issue framed by the court
Whether the High Court has jurisdiction to entertain a writ petition quashing a criminal complaint registered before a Metropolitan Magistrate in Kolkata.
Jayant Bhattacharjee
Marshall Sons & Co.(Mfg.) Limited
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
