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2017 DIGILAW 419 (CHH)

Rajneesh Sahu S/o Shri. Palak Ram Sahu v. Divya Umesh Mishra W/o Shri Umesh Mishra

2017-08-17

SHARAD KUMAR GUPTA, THOTTATHIL B.RADHAKRISHNAN

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JUDGMENT : Thottathil B. Radhakrishnan, J. 1. These appeals are filed, invoking Section 2 of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006) challenging the common order passed in different Writ Petitions registered as Writ Petitions (Cr) by this Court. Those Writ Petitions were filed by different individuals, who are Government Servants and were facing action in consequence of two orders of the Special Judge and another proceeding before the Pramukh Lokayukta. The appellant is stated to have raised the allegations and moved those authorities. As per the two orders which were impugned in the Writ Petitions, the Special Judge had directed registration of FIRs and further, to proceed with the investigation. This is the net effect of the orders dated 14.02.2012 and 30.02.2012 which were impugned before the learned Single Judge. Those orders of the Special Judge are essentially matters in criminal jurisdiction. The substance of the proceedings before the Pramukh Lokayukta cannot be classified as a civil proceeding. It also led to further proceeding in the form of investigation and/or registration of FIR. Therefore, applying the ratio of the decision of the Hon'ble Supreme Court of India in Ram Kishan Fauji Vs State of Haryana and others 2017 (5) SCC 533 , particularly the principles emanating out of paragraph 61 and 62 of that judgment as reported in SCC, we cannot but hold that the effort of the Writ Petitioners before the learned Single Judge was to avoid a criminal investigation and the result of the final order of the Writ Court is the quashment of further criminal proceedings. Obviously, therefore, an appeal does not lie against the impugned judgment to the Division Bench. Therefore, these appeals are not maintainable. 2. In the result, preserving the right of the appellant to seek such relief as may be available, in accordance with law, as against the impugned common judgment, these Writ appeals are dismissed.