Order :

Heard on admission.

This appeal is directed against order dated 16/08/2021 passed by the learned Single Judge whereby objection with regard to maintainability of the petition under Article 226 of the Constitution of India in so far as prayer for issuance of writ of certiorari against judicial order is concerned, has been sustained and the petitioner has been directed to amend the prayer clause by deleting prayer for issuance of writ of certiorari.

2. Learned counsel for the appellant would argue that the learned Single Judge wrongly placed reliance upon the decision of the Supreme Court in the case of Radhey Shyam and anr. v. Chhabi Nath and ors., (2015) 5 SCC 423 as the said decision is distinguishable. According to learned counsel for the appellant, the said judgment is an authority for the proposition of law that against an order of the Civil Court, writ of certiorari will not lie under Article 226 of the Constitution of India whereas in the present case, order passed by the Criminal Court is challenged and prayer for writ of certiorari has been sought.

3. Learned counsel for the appellant would further argue that since registration of FIR affects right of liberty and the ap