SUMAN UNNI Vs. Y.K. DEGAN

JUDGEMENT

(1.) This writ appeal is directed against an order dtd. 14/2/2020 passed by the learned Single Judge in Cr.(M)P. No. 955 of 2018 allowing the petition filed by the respondent under Sec. 482 of the Code of Criminal Procedure, 1973, as well as an order dtd. 5/7/2021 passed in Review Petition No. 92 of 2021, dismissing the review petition, filed by the appellant.

(2.) By filing the petition under Sec. 482 of the Cr.P.C., the respondent had challenged an order dtd. 9/4/2018 passed by the 1st Additional Sessions Judge, Durg, in Criminal Revision No. 195/2017. By the said order dtd. 9/4/2018, the order dtd. 8/8/2017 passed by the Judicial Magistrate, First Class, Durg (for short, JMFC) in Criminal Complaint No. 8459/2016 was set aside and the learned JMFC was directed to take cognizance of the criminal complaint of defamation filed by the present appellant under Sec. 500 of the Indian Penal Code, 1860.

(3.) An office note is put up, amongst others, indicating that the writ appeal is not maintainable in view of "High Court Rule, para 2(1), page No. 159, because this writ appeal is against criminal case".