The judgment focused on resolving the conflicting provisions in the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 and Rule 158(10) of the Rules of 2007 to determine the maintainability of the writ appeal.

JUDGMENT :

Arup Kumar Goswami, J.

1. This writ appeal is directed against an order dated 14.02.2020 passed by the learned Single Judge in Cr.(M)P. No. 955 of 2018 allowing the petition filed by the respondent under Section 482 of the Code of Criminal Procedure, 1973, as well as an order dated 05.07.2021 passed in Review Petition No. 92 of 2021, dismissing the review petition, filed by the appellant.

2. By filing the petition under Section 482 of the Cr.P.C., the respondent had challenged an order dated 09.04.2018 passed by the 1st Additional Sessions Judge, Durg, in Criminal Revision No. 195/2017. By the said order dated 09.04.2018, the order dated 08.08.2017 passed by the Judicial Magistrate, First Class, Durg (for short, JMFC) in Criminal Complaint No. 8459/2016 was set aside and the learned JMFC was directed to take cognizance of the criminal complaint of defamation filed by the present appellant under Section 500 of the Indian Penal Code, 1860.

3. An office note is put up, amongst others, indicating that the writ appeal is not maintainable in view of “High Court Rule, para 2(1), page No. 159, because this writ appeal is against criminal case”.

4. On 15.11.2021, the appellant had appeared in person and it was considered appropriate to appoint a Legal Aid counsel to assist the appellant and accordingly, Mr. Raja Sharma, learned counsel was appointed as such.

5. The matter was heard on 20.01.2022 on the question of maintainability of the appeal.

6. Mr. Raja Sharma, learned counsel has drawn attention of the Court to Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006. He has placed reliance on the judgment passed by the Hon'ble Supreme Court in the case of M/s. Pepsi Foods Ltd. & Another v. Special Judicial Magistrate & Others, reported in (1998) 5 SCC 749, to submit that the Hon'ble Supreme Court has held that the nomenclature under which a petition is filed is not relevant and that it does not debar the Court from exercising its jurisdiction which otherwise it possesses.

7. Page 159, which is referred to in the note of the Registry, as noted above, is referable to the Book “High Court of Chhattisgarh Rules, 2007”. High Court of Chhattisgarh Rules, 2007 (for short, 'Rules of 2007') came into effect on 28.12.2007. At Page 159, Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 (for short, Act of 2006) finds place. Para 2(1) as indicated in the said office note actually refers to Section 2(1) of the Act of 2006, to which our attention is drawn by Mr. Raja Sharma.

8. Section 2(1) of the Act of 2006 reads as follows:

“2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original jurisdiction. -(1) An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original Jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court:

Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.”

9. A perusal of the above provision would go to show that an appeal shall lie from a judgment or an order to a Division Bench comprising of two Judges of the Court only against the judgment or order passed by one Judge of the High Court in exercise of powers under Article 226 of the Constitution of India. The proviso lays down that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

10. However we have also come across a Rule, namely, Rule 158 of the Rules of 2007, which is on the subject of “Case Flow Management Rules in the High Court” and the same finds place under Chapter X. Rule 158(10) of the Rules of 2007 is on the subject of 'Writ Appeals'. The same reads as follows:

“(10) Writ Appeals. - An appeal