The Supreme Court has held that an intra-court appeal cannot be filed before a division bench of the high court if a single judge has passed the order in a criminal case.
"The contention that solely because a writ petition is filed to quash an investigation it would have room for intra-court appeal, and if a petition is filed under inherent jurisdiction under Section 482 CrPC, there would be no space for an intra-court appeal, would create an anomalous, unacceptable and inconceivable situation.
"The provision contained in the Letters Patent does not allow or permit such an interpretation," a bench comprising Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudar said.
Referring to various judgements, it said an order passed by a single judge under writ jurisdiction relating to a criminal case "cannot be made the subject matter of intra-court appeal as it is not provided for and it would be legally inappropriate to think so."
The observation came on an appeal filed by one Ram Kishan Fauji against the order of a division bench of the Punjab and Haryana High Court.
The larger bench of the high court had stayed the decision of the single judge bench quashing an FIR against Fauji in a corruption case.
The state Lokayukta had ordered registration of the FIR. The decision was quashed by the single judge bench of the high court. The government had then filed the intra-court appeal in the high court.
The apex court concurred with the contention that the intra-court appeal preferred before the division bench of the high court was not maintainable as the single judge had exercised criminal jurisdiction.
The court, however, granted the state liberty to challenge the single judge order, if it so desired.
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