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TMI Blog2023 (10) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. - Sandeep Mehta, C.J. And Kardak Ete, J. For the Respondents : Deba Prasad Dutta and Party-in-Person. For the Respondents : D.K. Sarmah and R.B. Bora, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench of the High Court in exercise of criminal jurisdiction. 4. The appellant appearing in person has placed reliance on the following judgments to contend that this intra-Court writ appeal should be entertained:- (i) State of Madhya Pradesh Ors. -Vs- Visan Kumar Shiv Charan Lal :: Civil Appeal No.7134/2008. (ii) Surya Dev Rai -Vs- Ram Chander Rai Ors., AIR 2003 SC 3044. (iii) Dhariwal Tobacco Products Limited Ors. -Vs- State of Maharashtra Anr., reported in (2009) 2 SCC 370; (iv) Prabhu Chawla -VS- State of Rajasthan Anr., (2016) 16 SCC 30; 5. The judgment relied upon by the appellant in the case of Visan Kumar Shiv Charan Lal (supra) dealt with the maintainability of the Letters Patent Appeal filed before the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, which touches upon the core issue arising in this matter regarding the maintainability of the intra-Court writ appeal against an order passed by the learned Single Bench exercising criminal writ jurisdiction. 6. Having regard to the discussion made herein above, we are of the firm view 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 Sin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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