SUNNY KAKKAR Vs. DRI

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge dated 18.12016 in Crl.M.C.No. 4316/2016.

(2.) In the first instance, we have heard the learned counsel for both the parties on the issue of maintainability of this appeal under Clause 10 of the Letter Patent.

(3.) The learned counsel appearing for the respondent/DRI placed reliance upon a decision of the Full Bench of this Court in C.S. Agarwal Vs. State & Ors. (2011) 125 DRJ 241 (Del.) FB to substantiate his contention that no appeal can be maintained under Clause 10 of Letters Patent against an order passed by the learned Single Judge in exercise of criminal jurisdiction. It is pointed out by the learned counsel that Crl.M.C. No. 4316/2016 has been filed under Sec. 482 of Crimial P.C. assailing an order passed by the Chief Metropolitan Magistrate, Patiala House Court.