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2015 (2) TMI 1324 - HC - Indian LawsContinuation of Proceedings covered under Section 482 of Cr.P. C - HELD THAT:- The High Court while exercising jurisdiction under Article 227 of the Constitution of India has not only administrative superintendence over the subordinate courts and tribunals, but also has the power of judicial superintendence. The power of superintendence conferred by Article 227 has to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for correcting their mere errors. Having regard to the nature of relief sought for by the appellant it cannot be said that Article 227 of the Constitution of India is attracted. And that notwithstanding the nomenclature of the petition, the learned single judge has dealt with and decided the petition under Section 482 Cr.P.C. It is evident that there are seriously disputed facts and that by itself would render the proceedings under Article 226 of the Constitution of India, as being wholly inappropriate and incongruous - In the case on hand, the petitioner has no grievance that the power of the investigation officer has been exercised mala fide or that the police officer has been misusing his powers. Therefore, the appellant is hardly in a position to invoke the jurisdiction of this court under Article 226 of the Constitution of India. The petition filed before the learned single Judge, notwithstanding its nomenclature, as one filed under Articles 226 and 227 of the Constitution of India read with section 482 Cr.P.C., was actually one filed under section 482 Cr.P.C. The learned single Judge was justified in treating and deciding the petition under Section 482 Cr.P.C. - this writ appeal filed under Section 4 of the Karnataka High Court Act, 1961, is not maintainable. Appeal not maintainable.
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