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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
T.M.NADAF J, V. KAMESWAR RAO
Neeraj Kumar Chadha S/o Sudesh Kumar Chadha – Appellant
Versus
State of Karnatak – Respondent
| Table of Content |
|---|
| 1. background of the intra-court appeal. (Para 1 , 5 , 6 , 7) |
| 2. court's observations on maintainability of appeal. (Para 2 , 3 , 4) |
| 3. the registry raised objections on the appeal's maintainability. (Para 8) |
| 4. contentions regarding jurisdiction under article 226. (Para 9 , 11 , 12) |
| 5. arguments against maintainability based on nature of proceedings. (Para 10 , 14 , 16) |
| 6. arguments presented regarding the applicability of article 226. (Para 13) |
| 7. discussion on legal provisions relevant to the case. (Para 15 , 17) |
| 8. relevant legal provisions affecting maintainability. (Para 18 , 19 , 20 , 21) |
| 9. rationale for the decision on maintainability is established. (Para 23) |
| 10. final observations on the nature of the single judge's decision. (Para 24 , 25 , 26) |
| 11. the appeal is dismissed as not maintainable. (Para 27) |
| 12. conclusion ruling the appeal as not maintainable. (Para 28 , 29) |
JUDGMENT :
T.M. NADAF, J.
1. This intra-court appeal is filed by the unsuccessful petitioners against the order dated 05.09.2024, passed by the learned Single Judge in Writ Petition No.17007/2021 (GM-RES), whereby the prayer seeking to quash the FIR in Crime No.33/2021 of Haryana Police, Panipat, and c
A writ appeal against an order declining to quash criminal proceedings is not maintainable when the order is based on the exercise of criminal jurisdiction.
The maintainability of intra-court appeals concerning orders made in criminal jurisdiction under Clause 15 of the Letters Patent is established as not permissible, emphasizing the nature of the proce....
Intra Court Appeals arising from orders passed in criminal jurisdiction by a Single Judge are not maintainable under Clause 15 of the Letters Patent.
The nature of the proceeding and the relief sought determine the jurisdiction, and the maintainability of the appeal depends on the understanding of the order passed by the learned Single Judge.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Judicial orders from civil courts cannot be challenged through writs under Article 226; alternative remedies must be exhausted first.
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