COMING

ON

FOR

‘PRONOUNCEMENT

OF

JUDGMENT’, THIS DAY, ANANT RAMANATH HEGDE J.,

DELIVERED THE FOLLOWING:

5

JUDGEMENT

Writ petitions filed by the petitioners are disposed of

by common order dated 26.02.2021, wherein the writ

petitions invoking Articles 226, 227 of Constitution of India

and Section 482 of Code of Criminal Procedure (for short,

‘Cr.P.C.’) are rejected.

2.

The prayer made in the writ petitions would

read as under:

“Call for records relating to the issue of the

order/complaint bearing No.Gra.Aa.Pa.35 Enq

2015,

Bengaluru,

dated

03.10.2016

(Annexure-A) f respondent No.1 and FIR dated

07.11.2016 in Crime No.3/2016 on the file of

the learned Principal District and Sessions

Judge, Koppal and quash the same.”

3.

The petitioners are before this Court invoking

Section 4 of the Karnataka High Court Act, 1961. Brief

facts of the case are as under:

6

3.1

The complaint was registered in Cr.No.3/2016

by Anti Corruption Bureau police station, Koppal Taluk,

Koppal

District

against

the

petitioners

alleging

misappropriation of funds. The further details relating to

the above said complaint is not necessary for adjudication

of this case. The copy of FIR was sent to District and

Sessions Judge, Koppal as required under law. The

petitioners

being

aggrieved

by

the

complaint

and

registration of FIR approached this Court by filing a

petition in W.P.No.63379-80/2016 and connected matters.

3.2

The petitioners have essentially prayed to

quash the FIR in Crime No.3/2016 and to quash all further

proceedings before the Principal District and Sessions

Judge, Koppal pursuant to the above-referred FIR. The

learned Single Judge after hearing the petitioners and the

respondents in terms of the detailed order dated:

26.02.2021, deemed it appropriate to dismiss the writ

petitions. Aggrieved by the dismissal of the writ petitions

the petitioners have preferred the instant appeal. The

7

appeal is heard on the question of maintainability under

Section 4 of Karnataka High Court Act.

4.

Learned counsel for the appellants, Sri.F.V.Patil

justifying the appeal has placed reliance on the following

judgements:

1. Gurushanth Pattedar vs. Mahaboob Shahi

Kulburga Mills and Another [ILR 2005 KAR

2503]

2. Shreemad Jagadguru Shankaracharya Shree

Shree Raghaveshwara Bharathi Swamiji vs.

State of Karnataka, Girinagara Police Station

and Others [ILR 2015 KAR 842]

3. Ram Kishan Fauji vs. the State of Haryana

and Others [(2017) 5 SCC 533]

4. Union of India, Ministry of Home Affairs vs.

Asim Shariff and Others [ILR 2018 KAR 2915]

5. Sri.Sachin Narayan vs. The Income Tax

Department

and

Others

(Writ

Appeal

No.3611/201 and connected matters decided

on 17.09.2019)

8

6. India Awake For Transparency vs. Mr Azim

Hasham Premji and Others (Writ Appeal

No.224/2021 c/w. Writ Appeal No.242/2021

decided on 22.02.2021)

5.

By placing reliance on the above judgements,

Sri.F.V.Patil would submit that the order passed by the

learned Single Judge is to be construed as an order passed

under Article 226 of the Constitution of India in the

exercise of its original jurisdiction and as such would

submit that the appeal under Section 4 of the Karnataka

High Court Act is maintainable.

6.

In support of his submission he would also

refer to the prayer made in the writ petitions and would

submit that the petitioners have not questioned any

proceeding before the Court subordinate to the High Court,

as such the petitions cannot be construed as the petitions

filed under Article 227 of the Constitution of India and

Section 482 of Code of Criminal Procedure.

7.

Further, the learned counsel would submit that

the

prayer

made

in

the

writ

petitions

would

in

9

unmistakable terms lead to the conclusion that the

petitions are filed under Article 226 of the Constitution of

India. It is also the submission of the learned counsel for

the appellants, Sri.F.V.Patil that in view of the circular

issued by the High Court, all petitions filed under Article

226 of the Constitution of India with a prayer to q