High CourtsDivision Bench(2019) 09 PAT CK 0155

Securities And Intelligence Services (India) Limited vs State Of Bihar And Ors

Patna High Court · Decided on 25 September 2019

HON’BLE JUDGES
Amreshwar Pratap Sah, CJ · Ashutosh Kumar, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 1206 Of 2019, Criminal Miscellaneous No. 30470 Of 2016

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Judgment

7 paragraphs · 287 words
1.

Heard Shri Sumeet Kumar Singh, learned counsel for the appellant.

2.

The present Letters Patent Appeal arises out of an order dated 21st February, 2019, wherein certain directions have been issued for the investigation of a case by the Central Bureau of Investigation and the matter is stated to be being monitored by a learned Single Judge of this Court and the next date fixed is 21st October, 2019.

3.

We have perused the records of the learned Single Judge and the various orders passed from time to time which is in detail in the order-sheets of the said petition.

4.

Learned counsel for the appellant submits that the previous orders which were passed, implicating the appellant, were without impleading the appellant and without putting the appellant to notice, but after the appellant had appeared and filed an application for recall of the orders, certain more orders have been passed by the learned Single Judge that has given rise to the present appeal.

5.

Since the matter arises out of a Criminal Miscellaneous Application, we find on the facts of the present case that it will not be appropriate to entertain this appeal under Clause-X of the Letters Patent, contained in the Patna High Court Rules.

6.

Learned counsel for the appellant even though relying on certain judgments urges that the appeal would be maintainable, yet in the background of the case and the nature of the orders passed, we do not find it appropriate to entertain the appeal which, in our opinion, cannot be maintained without prejudice to the rights of the appellant to approach the higher forum for the redressal of his grievances.

7.

The appeal is, accordingly, dismissed as withdrawn, subject to above.