AIR 2018 MADRAS 149 ::(2018) 2 Mad LW 111 ::(2018) 1 WritLR 354

Madras High Court

Hon'ble Judge(s): M. Venugopal, S. Vaidyanathan , JJ

Letters Patent , Cl.15— Constitution of India , Art.226— (Mad) - Intra court appeal - Maintainability - Single Judge exercising criminal jurisdiction, hearing matter under Art. 226 of Constitution - Intra-court appeal not maintainable against order of single Judge - Party can only approach Supreme Court. When there are proceedings under Art. 226 of Constitution arising from order made by Court in exercise of power conferred under Code of Criminal Procedure (Cr.P.C), it would be criminal proceedings within meaning of Letters Patent. On plain reading of Letters Patent of High Court of Judicature at Madras, it is clear that no appeal lies against order passed by single Judge in exercise of criminal jurisdiction. Court in writ appeal pursuant to Clause 15 of Letters Patent, exercises appellate jurisdiction and not jurisdiction as conferred under Art. 226. When power conferred under Art. 226 is invoked at instance of litigant with regard to any criminal matter, it is deemed to have been exercised by Court under S. 482, Cr.P.C. Hence, no intra-Court appeal is permissible. Bench hearing matters pertaining to Section 482, Cr.P.C., cannot exercise jurisdiction under Art. 226, whereas Bench hearing matters exercising extraordinary jurisdiction under Art. 226, is empowered to deal with issues that may fall under S. 482, Cr.P.C. As jurisdiction exercised in this case i....