Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2011 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 1509 - HC - Indian LawsMaintainability of LPA against a judgment or order passed in exercise of “criminal jurisdiction” - Held that:- Both the sides are ad idem that when the writ petition is filed invoking original jurisdiction of this Court, LPA would be maintainable against the order passed by the Single Judge in such a writ petition. However, the parties have joined issues on the question as to whether writ petition filed for quashing the FIR should be treated as invoking criminal jurisdiction of this Court. Whereas Ajay Fotedar (2005 (7) TMI 688 - DELHI HIGH COURT ) suggests that such writ petition would be treated as invoking the criminal jurisdiction and LPA would not be maintainable, some of the observations made in Harwinder Singh (1994 (3) TMI 391 - DELHI HIGH COURT ) suggests otherwise. In view of this, we are of the opinion that the matter needs to be referred to the Full Bench to resolve this issue. Accordingly, we make following reference for consideration by the Full Bench:- “Whether the writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing a FIR amount to invoking “original jurisdiction” or these proceedings are to be treated as invoking “criminal jurisdiction?”
|