Rajasthan High Court - Jaipur
Nathi Devi vs . State Of Rajasthan & Anr. on 20 July, 2015
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR D.B. Special Appeal (Writ) No.621/2015 Nathi Devi Vs. State of Rajasthan & Anr.
Date of Order: 20/07/2015 HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE J.K. RANKA Dr. P.C. Jain Adv., for appellant.
Instant intra-court appeal has been preferred against order of the Ld. Single Judge dt. 21/04/2015 passed in SB Criminal Writ Petition No.87/2015.
It reveals from the record that the appellant-writ petitioner had prayed that the proceedings initiated against her arising from FIR No.58/2015 dt.10/03/2015 registered at Police Station, Ramgarh Pachwara, Dausa for offences u/S. 420, 467, 468, 471 & 120B IPC, be quashed.
At the outset, we may observe that if the appellant is aggrieved by the proceedings initiated against her pursuant to FIR, of which reference has been made supra, ordinarily remedy is available u/S. 482 of the Criminal Procedure Code.
The Hon'ble Apex court in State of Harayan & Ors Vs. Ch. Bhajan Lal & ors. [1992 Suppl (1) SSC 325], while examining the scope of extra-ordinary power u/Art. 226/the inherent powers u/Sec. 482 of the Code, in para-105 of its judgment laid down kinds of cases wherein such power could be exercised and the Ld. Single Judge under order impugned has also noticed while dismissing the writ petition preferred by the appellant.
Before proceeding in the matter any further, to take note of maintainability of the present special appeal, we put a question to the counsel for appellant as to whether u/S.482 of the Cr.P.C, prayer could be made for quashing of the investigation/proceedings arising from FIR No.58/2015 dt.10/03/2015, in response thereof counsel for appellant submits that it might have been assailed but once option to avail remedy is available with the incumbent & he has chosen to challenge the investigation/proceedings arising from FIR No 58/2015 in a criminal writ petition u/Art. 226 of the Constitution of India to avail the extra-ordinary jurisdiction of this Court and in support placed reliance upon judgment of the Apex Court in (2015) 5 SCC 423 and (2015) Supreme (SC) 674 and taking assistance thereof, submits that since the petition was filed u/Art.226 of the Constitution of India, the present intra court appeal u/R. 134 of the High Court Rules is maintainable.
The Judgments on which the counsel has placed reliance is of no assistance for the reason that it was a case arising from the order of the Civil Court and the remedy was availed by the incumbent u/Art. 226 or 227 of the Constitution and the Hon'ble Apex Court laid down the principle regarding the order passed by the civil Court which further came to be examined u/Art.226 of the Constitution of India and in cases where the writ petition is filed u/Art. 226 & 227 of the Constitution of India, the remedy to assail the order in the letter patent appeal under the relevant Rules.
In the instant case, we find that u/R.134 there is a complete prohibition of preferring appeal in such matters which arises from the criminal jurisdiction of this Court and indisputably the present writ petition was preferred u/Art.226 of the Constitution of India for quashing of FIR No.58/2015 which is certainly the proceedings initiated under the provisions of Criminal Procedure Code & as such the remedy once availed by the appellant-writ petitioner by filing writ petition u/Art.226 of the Constitution of India no further appeal u/R.134 of the High Court is available to him.
In our considered view, the present special appeal preferred against judgment of the Ld. Single Judge impugned dt.21/04/2015 passed in a criminal writ petition filed u/Art. 226 of the Constitution assailing the criminal proceedings, instant intra court appeal filed u/R.134 of the High Court Rules, is not maintainable and this what has been observed by the Division Bench of this Court, while examining & interpreting Rule 134 of the High Court Rules in DB Special Appeal (Writ) No.107/2015, observed that such intra court appeal in light thereof under its order dt.24/02/2015 is not maintainable and we are fortified with the view which the co-ordinate Bench of this court has observed in DB Special Appeal (Writ) No.107/2015 in its order dt. 24/02/2015.
In view of what has been observed by us, the present intra court appeal is not maintainable keeping in view the prohibition provided u/R.134 of the High Court Rules.
Consequently, the Special Appeal is not maintainable & accordingly stands dismissed.
(J.K. RANKA),J. (AJAY RASTOGI),J. S.Kumawat-82
Certificate- All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed.
S.Kumawat Jr. P.