K.M. JOSEPH, C.J. (Oral)

There is delay of 199 days’ in filing the present Special Appeal. The delay is not seriously opposed by the counsel for the respondents. In the circumstances, the delay will stand condoned and the Application (CLMA No. 8095 of 2014) for condonation of delay will stand allowed.

2. This Appeal is lodged purportedly under Rule 5 of Chapter 8 of the Allahabad High Court Rules; it bars a Special Appeal when an order impugned is made in exercise, inter alia, of criminal jurisdiction. The impugned order in this case is passed by the learned Single Judge in a writ petition challenging the appointment of the Authorised Controller under Section 46 of the Uttarakhand School Education Act, 2006. The application under Section 340 of the Code of Criminal Procedure was filed by a person, who was not a party in the writ petition. By the impugned order, the learned Single Judge rejected the Application. It has been stated that the Court can take decision under Section 340 of the Code of Criminal Procedure at the time of final decision of the case. It is further stated that even otherwise on the basis of the averments made in the Application, the case is not made out under Section 340 of the Code of Criminal Procedure.

3. Since the Application was filed under Section 340 of the Code of Criminal Procedure and it was rejected, the Appeal is directed against an order made in the exercise of criminal jurisdiction. Therefore, the Appeal does not appear to be maintainable and the Appeal is dismissed as such.