JUDGMENT :

Sandeep Mehta, J.

This intra-Court writ appeal arises from an order dated 08.06.2023 passed by the learned Single Bench of this Court in the criminal writ jurisdiction being WP(Crl.) No.5/2023. The said writ petition filed by the petitioner (appellant herein) appearing in person seeking quashing of the FIR as well as the charges framed against him by the trial Court was dismissed by the learned Single Judge vide order dated 08.06.2023.

On the previous date of hearing, we had instructed the Registry to make a report regarding maintainability of the writ appeal.

2. Office note dated 03.10.2023 indicates that Rule 2(2) of Chapter V-A of the Gauhati High Court Rules are silent as to whether an intra-Court appeal would lie against an order passed in a criminal matter by Hon'ble Single Judge of this Court under Article 226 of the Constitution of India.

3. The Hon'ble Supreme Court in the case of Ram Kishan Fauji Vs. State of Haryana & Ors., reported in (2017) 5 SCC 533 has laid down that Letters Patent Appeal (LPA) does not lie against an order passed by learned Single Judge of the High Court in exercise of the criminal jurisdiction. In the said case, the writ petition before the l