REGENT COMPUTRONICS PVT. LTD.

C.S.AGARWAL Appellant

V/S

STATE Respondents

Referred Judgements :-

SARODA SOONDUREE DOSSEE V. TINCOWREE NUNDEE [REFERRED TO]
SANJEEV RAJENDRABHAI BHATT VS. STATE OF GUJARAT [REFERRED TO]
STATE OF KARNATAKA VS. PASTOR P. RAJU [REFERRED TO]
DR. RAJNI PATRIWALA VS. DR. D.MOHAN AND ANR. [REFERRED TO]
STATE OF GUJARAT V. VAKHATSINGHJIVAJESINGHJI VAGHELA [REFERRED TO]
VENKATARATNAM V. SECRETARY OF STATE [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY ANAND MAHARAJ [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY ANAND MAHARAJ [REFERRED TO]
S A L NARAYAN ROW N D MEHROTRA VS. ISHWARLAL BHAGWANDAS VRAJLAL KEWALDAS [REFERRED TO]
RAMESH VS. GENDALAL MOTILAL PATNI [REFERRED TO]
ARBIND KUMAR SINGH VS. NAND KISHORE PRASAD [REFERRED TO]
AHMEDABAD MANUFACTURING AND CALICO PRINTING CO LIMITED AHMEDABAD VS. RAM TAHEL RAMNAND [REFERRED TO]
UMAJI KESHAO MESHRAM VS. RADHIKABAI WIDOW OF ANANDRAO BANAPRKAR [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
M M T C LIMITED VS. COMMISSIONER OF COMMERCIAL TAX [REFERRED TO]
MAHIPAL SINGH VS. UNION OF INDIA [REFERRED TO]
GANGARAM KANDARAM VS. SUNDER CHIKHA AMIN [REFERRED TO]
CHAIRMAN BUDGE BUDGE MUNICIPALITY VS. MONGRU MIA [REFERRED TO]
JAIDEV SINDDHA VS. JAIPRAKASH SIDDHA [REFERRED TO]
ADISHWAR JAIN VS. UNION OF OF INDIA [REFERRED TO]
HAMID HASAN NOMANI VS. BANWARILAL ROY [REFERRED TO]

JUDGEMENT

(1.) C.S. Agarwal, the appellant in LPA No.819 of 2010, had filed Writ Petition (Crl.) No.57 of 2010 invoking the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking appropriate writ for quashing the FIR No.264/2009 dated 23.12.2009 lodged against him and others by the Economic Offences Wing, Crime and Railways, Delhi under Sections 420/406/120-B of the Indian Penal Code. The said writ petition has been dismissed vide orders dated 11.11.2010 passed by the learned Single Judge of this Court and against that order LPA No.819 of 2010 has been preferred by C.S. Agarwal.

(2.) Another accused in the said FIR is D.K. Jain. He has also filed LPA No.825 of 2010 challenging the same judgment, inter alia, on the ground that some of the observations in the said orders are prejudicial to him and therefore, he is also an aggrieved party. The respondents took a primary objection to the maintainability of these LPAs contenting the judgment of the learned Single Judge was passed in exercise of criminal jurisdiction and a Letters Patent Appeal against such an order is clearly barred by Clause 10 and Clause 18 of the Letters Patent Constituting the High Court of Judicature at Lahore, which is application to the Judicature of High Court of Delhi as well.

(3.) The Division Bench heard the matter on this aspect and vide orders dated 14.01.2011 deemed it appropriate to refer the matter to the Full Bench making following reference for consideration:

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C S AGARWAL Vs. STATE

Referred Judgements :-

JUDGEMENT

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