Article 227 - Quash

 

Important Points

1. Superintendence
2. Forum-neutral 
1. power can be exercised both over civil courts as well as criminal courts
3. Power u/s A227 - Wide & Comprehensive

A 227

1. is one of superintendence and is visitorial in nature and will 
1. not be exercised unless there exists a clear jurisdictional error and that maifest or
2. substantial injustice would be caused if power is not exercised in favor of petitioner.
2. Every Hight Court SHALL have the SUPERINTENDENCE over all the courts and Tribunals throughout the territories in relation to which it exercises jurisdiction.
3. The text of the provision is FORUM-NEUTRAL - power under the A227 can be exercised both over civil courts as well as Criminal courts
4. Power u/s Section 482 CrPC can be exercised ONLY with reference to criminal proceeding before criminal court
5. Power u/s A227 is much wider and comprehensive
6. Many cases High court has struck off suits from the file of civil courts on certain grounds even though the parties had remedy under O7 R11 of CPC to seek rejection of plaint

Leading Cases

1. Dr P. Pathamanthan & Others Vs V.Monica & Others (2021) (2) CTC 57
1. Justice N. Anand Venkatesh held the proceeding under Protection of women against Domestic Violence Act ( Act 43 of 2005) are CIVIL in nature
2. Petition u/s 482 CrPC WILL NOT lie to quash them
3. Also laid down the remedies AVAILABLE to aggrieved parties
1. All respondents are NOT accused 
2. NOTICE under Form 3 of DV Rules 2006 have to be issued NOT summons under Section 61 CrPC
3. ALL respondents NEED NOT APPEAR unless compelling reasons are shown otherwise the counsels presence is SUFFICIENT.
4. Magistrate SHOULD apply mind and not all respondents need to be issued notice - so that relatives are not harassed
5. Section 29 - APPEAL TO SESSION court - within 30days
6. Section 25 - POWER OF MAGISTRATE to modify, alter & revoke - change of circumstances 
7. Order 4 Rule 17 CPC - amend the petition
8. Order 1 Rule 10(2) CPC - add/ remove respondents 
9. Article 227 if there exists a clear jurisdictional error and that manifest or substantial injustice
2. Pepsi Foods Ltd Vs Special Judicial Magistarte ( 1998) 5 SCC 649
1. Para 25

Nomenclature under which petition is filed is not quite relevant and that does not debar the court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory.

 

if in a case like the present on the court finds that the appellants could not invoke its jurisdiction under A226, the court can certainly treat the petition one under A227 or section 482 of the code.

 

It may not however, be lost sight of that provision exist in the code of revision and appeal but sometime for immediate relief section 482 of the code or A227 may have to be restored to for correcting some grave errors that might be committed by the subordinate courts.

 

The present petition though filed in the Hight court as one under A226 and 227 could well be treated under A227 of the Constitution