PRADEEP KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam,2005(hereinafter referred to as 'Adhiniyam, 2005'), being aggrieved by the dismissal of Misc.Cri.Case No. 8098/2016 vide order dated 08-02-2019, passed by the learned Single Judge, whereby the prayer for quashment of Criminal Case No.3218/2008 pending before the Court of Chief Judicial Magistrar, Betul for commission of offences under Sections 420, 467, 468 and 471 of the Indian Penal Code has been rejected.

(2.) Learned counsel for the respondent/State raised a preliminary objection regarding maintainability of the present appeal under the provisions of Adhiniyam, 2005. He submits that the learned Single Judge has declined to interfere under Section 482 of the Code of Criminal Procedure and therefore, the present appeal is not maintainable in view of the provisions of Section 2 of Adhiniyam, 2005. It is stated that the writ appeal under Section 2 of Adhinyam, 2005 is maintainable only against an order passed in exercise of the writ jurisdiction of the Constitution of India.

(3.) Per contra, learned counsel for the appellant submitted that the present appeal is maintainable in view of the judgment passed by a Coordinate Bench of this court in the case of State of M.P. and others Vs. Sanjay Kumar Koshti, W.A.No. 538/2017 decided on 20-08-2018.