RAM KISHAN FAUJI versus STATE OF HARYANA AND ORS.

RAM KISHAN FAUJI versus STATE OF HARYANA AND ORS.

Letters Patent Appeal is not maintainable before Division Bench of High Court when the proceedings, though initiated under Article 226 of the Constitution, concern quashing of FIR and investigation that are criminal in nature. The nature of proceedings is determined by the relief sought, which in this case clearly pertains to criminal jurisdiction.

Parties
Appellant: Ram Kishan Fauji; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
21 March 2017
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench of High Court
Outcome
Appeal allowed; impugned Division Bench order set aside
Legal Topics
Maintainability of Letters Patent Appeal, Nature of Proceedings (civil/criminal), Quashing of FIR and Criminal Investigation, Jurisdiction of High Court Under Article 226, Distinction Between Civil and Criminal Proceedings
Constitutional Law Criminal Procedure Court Jurisdiction Maintainability of Letters Patent Appeal Nature of Proceedings (civil/criminal) Quashing of FIR and Criminal Investigation Jurisdiction of High Court Under Article 226 Distinction Between Civil and Criminal Proceedings

Case Brief

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Parties

Ram Kishan Fauji

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether Letters Patent Appeal is maintainable against the order of Single Judge under Article 226 seeking quashing of FIR and criminal investigation
  2. 2 Whether proceedings challenging recommendation for criminal investigation are civil or criminal in nature

Ratio Decidendi

Letters Patent Appeal is not maintainable before Division Bench of High Court when the proceedings, though initiated under Article 226 of the Constitution, concern quashing of FIR and investigation that are criminal in nature. The nature of proceedings is determined by the relief sought, which in this case clearly pertains to criminal jurisdiction.

Court Disposition

Appeal allowed; impugned Division Bench order set aside

Orders

  • Letters Patent Appeal held not maintainable; Division Bench order set aside
  • Liberty granted to State to challenge Single Judge’s order in accordance with law