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2023 (10) TMI 1364 - GAUHATI HIGH COURTMaintainability of an intra-Court appeal against an order passed in a criminal matter by Hon'ble Single Judge of this Court under Article 226 of the Constitution of India - HELD THAT:- An intra-Court writ appeal does not lie against an order/ judgment passed by the learned Single Bench in exercise of the criminal writ jurisdiction under Article 226 of the Constitution of India. As the Gauhati High Court Rules are silent on this issue, the anomaly shall forthwith be clarified with appropriate insertion in the Rules clarifying the position that no intra- Court appeal lies against an order/judgment passed by the learned Single Bench in exercise of the criminal writ jurisdiction. The intra-Court writ appeal preferred by the appellant herein against the judgment passed by the learned Single Judge is hereby dismissed as being not maintainable.
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