GAJRAJ SINGH Vs. STATE

JUDGEMENT

(1.) WE do not think the present appeal is maintainable under Clause 10 of the Letters Patent Charter.

(2.) THE appellant had filed a criminal complaint before a Metropolitan Magistrate with a prayer under Section 156(3) of the Code of Criminal Procedure, 1973, for registration of an FIR against the accused persons. Learned Metropolitan Magistrate by judgment dated 2nd July, 2008 declined and dismissed the said complaint.

(3.) PRAYERS made and the facts stated above indicate that the writ petition was filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973. In the cause title or in the pleadings Article 226 of the Constitution of India may have been mentioned but reference was incidental. In substance, power and jurisdiction under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 had been invoked. The order passed is also under the said provisions and not under Article 226 of the Constitution of India. It is obvious that order/judgment of the Metropolitan Magistrate cannot be challenged in a writ petition under Article 226 of the Constitution of India.