TRADE WINGS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both these Petitions, preliminary objection regarding maintainability of Writ Petitions has been raised on behalf of the private Respondents. According to the private Respondents, Writ Petition under Article 226 of the Constitution of India to question the validity of order issuing process, passed by the Criminal Court of some other State which is not subordinate to this Court, cannot be entertained by this Court. Besides, even though the Petitions instituted by the Petitioners are under Article 226 of the Constitution of India, the grounds agitated therein are in the nature of invoking supervisory jurisdiction of this Court and since the trial Court which has issued process is outside the territorial jurisdiction of this Court, this Court should be loath in exercising writ jurisdiction.

(2.) The background in which both these Petitions have been instituted in this Court, in brief, are as follows :

(3.) For considering the controversy on hand, it may be useful to refer to Paragraphs 22, 23 and VIII of the complaint which gives justification for invoking criminal action before the Court at Hyderabad, although the alleged malicious material was allegedly sent from Mumbai by the Petitioners. The said Paragraphs read thus :