##PAGE1##

NEUTRAL CITATION NO. 2026:MPHC-JBP:9982

1 WA-1297-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

th

ON THE 4 OF FEBRUARY, 2026

WRIT APPEAL No. 1297 of 2024

PAWAN SOOD

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Dr. Anuvad Shrivastava - Advocate for the appellant.

Shri Ritwik Parashar - Government Advocate for the respondent

No.1/State.

ORDER

Per: Justice Vivek Rusia

The present writ appeal is filed against the order dated 15.02.2024,

passed in M.Cr.C. No.35565/2021 (Smt. Renu Gond and Ors. Vs. The State

of M.P. and Ors.) by the Single Bench of this Court.

2. The office has objected to the maintainability of this writ appeal

filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand

Nyaypeeth Ko Appeal) Adhiniyam, 2005.

3. Learned counsel for the appellant submits that the learned Single

Bench of this Court has a concurrent jurisdiction under Section 482 of

Cr.P.C as well as Article 226 of the Constitution of India in respect of

quashment of FIR as well as criminal proceedings. Therefore, the writ appeal

Signature Not Verified

Signed by: ASHISH KOSHTA

Signing time: 07-02-2026

11:37:58

NEUTRAL CITATION NO. 2026:MPHC-JBP:9982

2 WA-1297-2024

should be entertained, even if the petition was filed under Section 528 of the

BNSS, 2023.

4. In support of his contention, learned counsel for the appellant has

placed reliance on the judgment passed by the Apex Court in the case of

Kapil Agrawal and others vs. Sanjay Sharma and others, reported in (2021) 5

SCC 524, in which the Apex Court has held that in a catena of decisions,

inherent jurisdiction under Section 482 Cr.P.C. and/or under Article 226 of

the Constitution is designed to achieve the salutary purpose that criminal

proceedings ought not to be permitted to degenerate into the weapon of

harassment. When the Court is satisfied that the criminal proceedings amount

to an abuse of process of law or that it amounts to bringing pressure upon the

accused, in exercise of inherent powers, such proceedings can be quashed to

secure the ends of justice and prevent the abuse of process of law.

5. A similar issue came up for consideration before this Court in Writ

Appeal No.821/2019 (Pradeep Kori vs. State of M.P. and another) vide

judgment dated 14.01.2020. The relevant para of the aforesaid judgment is

reproduced below:

"The law relating to maintainability of intra-court appeal in criminal matter is well

settled in the case of Ram Kishan Fauji (supra) and also by the Full Bench of this

court in the case of Shailendra Kumar (supra) where it has been laid down that no

writ appeal would be maintainable against an order passed by the learned Single

Judge in a proceedings arising out of an order passed by the Judicial Court in civil or

criminal proceedings."

The Coordinate Division Bench has dismissed the writ appeal as not

maintainable, which was filed against the order dismissing the petition filed

under Section 482 of Cr.P.C. by placing reliance on the judgment passed by

the Apex Court in the case of Ram Kushan Fauji Vs. State of Haryana and

others, reported in (2017) 5 SCC 533.

Signature Not Verified

Signed by: ASHISH KOSHTA

Signing time: 07-02-2026

11:37:58

NEUTRAL CITATION NO. 2026:MPHC-JBP:9982

3 WA-1297-2024

6. In this State, the Government of Madhya Pradesh has enacted the

Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal)

Adhiniyam, 2005, for filing a writ appeal before the Division Bench against

the order passed under Article 226 of the Constitution of India. Therefore,

the Government of Madhya Pradesh has specifically confined the jurisdiction

to the Division Bench planning maintainability of the appeal against the

order passed in a writ petition under Article 226 of the Constitution of India.

7. In the case of Kapil Agrawal (Supra), a Letters Patent Appeal was

filed before the Division Bench. In the State of Uttar Pradesh, there is no

such enactment as the Madhya Pradesh Uchcha Nyayalaya (Khand

Nyayapeeth Ko Appeal)