LAWS(GJH)-2011-5-114

NITIN SHANTILAL BHAGAT Vs. STATE OF GUJARAT

Decided On May 10, 2011
NITIN SHANTILAL BHAGAT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present controversy relates to an important question 'whether an intra-court appeal (Letters Patent Appeal) under clause 15 of the Letters Patent is maintainable against an order passed by a learned Single Judge of the same High Court under Article 226 of the Constitution of India while exercising such power in its criminal jurisdiction'.

(2.) There being conflicting views of two Division Benches of this Court, and some ambiguity whether there can be separate civil and criminal jurisdiction with regard to the petitions under Article 226 of the Constitution, cases were referred to Larger Bench for its decision.

(3.) The facts giving rise to these appeals in brief are as follows: L.P.A. NO.335/2010: