Gorelal Thakur And Ors vs State Of Chhattisgarh And Ors

Ajay Kumar Tripathi, CJ

A preliminary objection was raised in the present appeal with regard to maintainability of the appeal as such against the order of the learned Single Judge, passed in Writ Petition (Cr)-302 of 2017. The appellant had tried to assail the order dated 07.08.2018 of the learned Single Judge, who refused to interfere with the criminal prosecution initiated before a Special Sessions Judge for allegations which constituted offence under Section 13 (2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. This appeal has been filed purportedly under Section 2 of Chhattisgarh High Court Appeal to Division Bench Act, 2006, assailing the order dated 07.08.2018 of the learned Single Judge.

The objection on behalf of the respondent- State of Chhattisgarh is based on the decision of Hon'ble Supreme Court rendered in the case of Ram Kishan Fauji Vs State of Haryana and others reported in (2017) 5 SCC 533, which has held that an appeal to the Division Bench of High Court may not lie against an order of learned Single Judge refusing to quash an FIR.

The Court is not wiling to express any final opinion on the question, whether the decision of the Hon'ble Supreme Court in Ram Kishan Fauji (supra) supports the stand of the State by squarely answering the question of such maintainability of appeal, before a Division Bench of the High Court, at this stage, since cognizance has already been taken against the appellant and trial has begun.

The appellant has all the remedy available to him within the framework of law especially under CrPC(Criminal Procedure Code). The appellant is not remediless.

The appeal is accordingly dismissed on the above ground alone.