2023 (10) TMI 1364

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....ora, Additional Senior Government Advocates. ORDER SANDEEP MEHTA, C.J. 1. This intra-Court writ appeal arises from an order dated 08.06.2023 passed by the learned Single Bench of this Court in the criminal writ jurisdiction being WP(Crl.) No.5/2023. The said writ petition filed by the petitioner (appellant herein) appearing in person seeking quashing of the FIR as well as the charges fram....

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....al jurisdiction. In the said case, the writ petition before the learned Single Judge of the High Court was filed under Article 226 of the Constitution of India and the Division Bench entertained a Letters Patent Appeal against the order of the learned Single Judge. The judgment of the Division Bench of Punjab & Haryana High Court was reversed by a three Judges Bench of the Hon'ble Supreme Cour....

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....ellant in the case of Visan Kumar Shiv Charan Lal (supra) dealt with the maintainability of the Letters Patent Appeal filed before the Division Bench against an order of the learned Single Judge in exercise of the writ jurisdiction, wherein the learned Single Judge dismissed the writ petition preferred against the award of the Labour Court. Apparently thus, the said case does not pose a situation,....

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....tion 482 Cr.PC. It was further held that even where revision application is barred, remedy under Articles 226/227 of the Constitution of India would be available. In the case of Prabhu Chawla (supra), it was held that nothing in Cr.PC not even Section 397 Cr.PC can affect amplitude of inherent powers conferred upon the High Court by Section 482 Cr.PC. Clearly thus, there is no such hypothesis i....