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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
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 charge-sheet for the offences punishable under Sections 498 (A), 406 and 354-C, read with Section-34 of IPC was declined on merits.
2. The Registry of this Court has raised an objection on the maintainability of this appeal under Section-4 of the Karnataka High Court Act 1961 (‘Act of 1961’ for short), in terms of the judgment passed by a Division Bench of this Court in the case of Sreemad Jagadguru Shankaracharya Shree Shree Raghaveshvara Swami Vs. State of Karnataka and Others , 2015 (2) AKR 179, wherein the Division Bench of this Court at para No.11 held as under:
“11. In view of the above discussion, we hold that the petition filed before the learned Single Judge, notwithstanding its nomenclature, as one filed under Articles 226 and 227 of the Constitution of India, read with Section 482 Cr.P.C., was actually one filed under Section 482 Cr.P.C. The learned single Judge was justifie
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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