S P MAJMUDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Civil Application for leave to appeal has been filed after the Letters Patent Appeal was filed. However, this Civil Application seeking leave to appeal as well as the Letters Patent Appeal and the Civil Application for stay filed therein have been heard together. Whether intra-court appeal is maintainable or not is required to be decided before granting leave.

(2.) The basic controversy in this application for leave to appeal is whether intra-court appeal is maintainable and whether the remarks made by the learned Single Judge in the order dated 07.04.2006 on a Criminal Miscellaneous Application can be expunged. Before we go into that question, we would like to see whether we have the jurisdiction to entertain an intra- court appeal against the order which has been passed on an application under Section 482 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.').

(3.) Shri P.M. Thakkar, learned Senior Counsel for the applicant, submits that this Court can expunge the remarks passed in the order made in exercise of powers under criminal jurisdiction. He has drawn our attention to Clauses 15 and 25 of the Letters Patent appended to the Gujarat High Court Rules, 1993 (for short 'the High Court Rules'). Mr. Thakkar submits that in Clause 15 words used are "in the exercise of criminal jurisdiction of one Judge" and restricted to the criminal jurisdiction referred under Clauses 22 to 29, especially in relation to Clause 25 under the heading "Criminal Jurisdiction". If the case in hand does not relate to the matter under Clause 25 of the Letters Patent, then, intra-court appeal is maintainable. The impugned order neither comes under Clause 15 nor under Clause 25 of the Letters Patent, therefore, intra-court appeal is maintainable.