( 1 ) THE 1st respondent in this appeal is the writ petitioner and the 7th respondent in the writ petition is the appellant in this Writ appeal. For the sake of clarity, the parties are referred to in this Appeal as arrayed in the writ petition,

( 2 ) THE petitioner filed the Writ Petition no. 7561/97 for issuance of a Writ of mandamus to declare the action of respondents 1 to 6 in registering crimes under Sections 420 and 406 of Indian Penal code against the petitioner in FIRs 14/97, 137/97 and 77/97 as illegal and quash the investigation initiated under the said FIRs. The learned single Judge allowed the writ petition by an order dated 6-8-1997 and quashed the FIRs and the petitioner, who was in judicial custody, was set at liberty.

( 3 ) QUESTIONING the said order of the learned single Judge, this writ appeal is filed by the 7th respondent in the writ petition. A Division Bench of this Court while staying the impugned judgment by order dated 1-10-1997 to the effect that the investigation shall continue but cognizance shall not be taken by the Court until further orders in the Appeal and in view of the serious debatable issues involved, referred the case for a decision by the Full Bench on the following points:" (I) Whether there can be interference in the investigation of any case registered for the alleged offences under Sections 405 and 420 IPC on the ground that the alleged offence under section 420 IPC is not made out on the facts as alleged and the alleged offence under Section 405 IPC stands barred under the specific limitation in respect of certain classes of offences as envisaged under Sections 468 and 469 of the CODE OF CRIMINAL PROCEDURE, 1973; and (II) Whether appeal under Clause 15 of the Letters Patent of the Court lies against the judgment in such a case. In other words, whether a proceeding for quashing of investigation in a criminal case under Article 226 of the constitution of India is a civil proceeding and the judgment as above is a judgment in a civil proceeding in exercise of the original jurisdiction of the Court for the purposes of appeal under Clause 15 of the Letters Patent. "

( 4 ) THE contention of the petitioner in the writ petition was that the registration of the crime in FIR No. 14/97 dated 5-2-1997 by the Station House Officer, Town-Ill Police station, Nizamabad, at the behest of the complaint given by the 7th respondent for the offence punishable under Sections 420 and 406 of Indian Penal Code is illegal and without sanction of law. It is stated that the alleged offence is said to have taken place 7 years prior to the registration of the crime and the averments made in the FIR are false and do not disclose any cognizable offence warranting investigation or enquiry under section 157 of Criminal Procedure Code. It is further stated that the 8th respondent - Mr. Kummari Kistaiah also filed another complaint which has been registered in FIR no. 137/97 for the same alleged transaction and one more crime was also registered by p. S. Armoor in FIR No. 97/97 for the same offence with very same transaction which was shown in FIRs 14/97 and 137/97. It is further stated in the affidavit that about 4 or 5 cases other than the said 3 cases have also been registered against the petitioner at various places in Nizamabad District with regard to the very same transaction. The petitioner stated that the de facto complainant has no locus standi to maintain the complaint on behalf of the alleged 135 persons and the complainant has not disclosed the names and identity of the villagers on whose behalf the crime is sought to be registered and there is no material evidence about the collection of payment or the amounts by the petitioner on 10-8-1989 or any other subsequent dates and there is no documentary evidence with reference to various alleged transactions said to have taken place between de facto complainant and the petitioner. It is further stated in the writ affidavit that the complaint itsel