Sanjay Agrawal, J.

1. While hearing the Writ Appeal No.97/2008, the Division Bench of this Court has opined vide order dated 22.02.2011 that whether the learned Single Judge has examined the supervisory jurisdiction under Article 227 of the Constitution of India in considering whether the criminal proceedings could be quashed or not or whether the said writ petition was to be treated as one under Article 226 of the Constitution of India only. It was thus opined that the matter requires to be considered on the question whether Writ Appeal against the order impugned dated 19.03.2008 passed by the learned Single Judge in W.P.(C) No.1467/2008 would be maintainable or not. The matter was accordingly placed before the Hon'ble the Chief Justice for constituting a larger Bench and after due consideration, the matter was thus placed before the Full Bench, as per the direction issued on 09.03.2011 for consideration of the above referred question.

2. Before considering the question referred to the Full Bench, it would be appropriate to refer to Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 (for brevity 'the Act'), which reads as under:

“2. Appeal to D