Siv (engineer) 28 February 2012

Quash and writ petition on same matter in two high courts

Hi All,

In a 498A case the accused filed Quash petition (U/s 482 CrPC) in AP High Court (APHC) saying that the investigation is done in AP whereas the offense allegedly happened in Karnataka and prayed for Qushing the proeeding in the magistrate court.

Mean while accused came to know that even after qushing the proceedings in magistrate court by APHC 498A case can be filed in Karnataka hence the accused approched the Karnataka High Court (KSHC) with Writ Petition (article 226(2) invoked) seeking transfer of same complaint from AP to Karnataka.

Which petition is maintainable and should accused with draw the quash petition in APHC ?

Does Writ in KSHC is maintainable while quash petition in APHC is pending ...?

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Siv (engineer) 28 February 2012

While writ petition is filed in KSHC the below citations are relied:

a. The decision of the Hon’ble Apex Court in the case of Navinchandra N Majithia Vs. State of Maharashtra & Ors., as reported in (2000) 7 SCC, 640.

b. The decision of the Hon’ble Apex Court in the case of Sarvinder Kaur Vs. State ( Govt. of NCT of Delhi), as reported in (1999)8 SCC 728

and

The decision of the Hon’ble Patna High Court in case of CRIMINAL WRIT JURISDICTION CASE No.45 OF 2008 (An application under Article 226 & 227 of the Constitution of India)