Syed Azharuddin vs State By Kalasipalya Police ...
2022 Latest Caselaw 2792 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                             PRESENT

           THE HON'BLE MRS.JUSTICE S.SUJATHA

                                   AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                W.A.No.1223/2021 (GM - RES)

BETWEEN :
SYED AZHARUDDIN
S/O SYED SIRAJADDIN,
AGED ABOUT 37 YEARS,
R/AT # 185/1, 9TH MAIN, 1ST STAGE,
2ND BLOCK, HBR LAYOUT,
NORTH BANGALORE 560043.                                ...APPELLANT

                (BY SRI MOHAMMED TAHIR, ADV.)

AND :
STATE BY KALASIPALYA POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR,
O/AT HIGH COURT COMPLEX,
OPP VIDHAN SOUDA,
BANGALORE 560001.                                 ...RESPONDENT

                (BY SRI G.V.SHASHIKUMAR, AGA.)

        THIS   W.A.   IS   FILED    UNDER    SECTION    4   OF   THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER     OF    THE    LEARNED      SINGLE    JUDGE     PASSED    IN
W.P.No.13291/2020 DATED 27.05.2021.
                          -2-



     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:


                   JUDGMENT

This intra-Court appeal is filed under Section

4 of the Karnataka High Court Act, 1961 challenging

the order dated 27.05.2021 passed by the learned

Single Judge in W.P.No.13291/2020 whereby the writ

petition filed by the appellant herein/accused No.7

invoking Articles 226 and 227 of the Constitution of

India read with Section 482 of Cr.P.C praying to

declare that the charge sheet filed by the respondent

in C.C.No.7174/2020 pending before the VIII ACMM,

Bengaluru for the offences punishable under Sections

120B, 341, 326, 307 read with Section 149 of IPC and

consequently the provisions of the Unlawful Activities

[Prevention] Act, 1967 ['UAPA Act' for short] has no

bearing as the same are merely mentioned to deny the

relief to the accused, has been dismissed.

2. It is significant to note that the Co-ordinate

Bench of this Court in the case of Shreemad

Jagadguru Shankaracharya Shree Shree

Raghaveshwara Bharathi Swamiji V/s. State of

Karnataka, Girinagara Police Station and Others

[ILR 2015 KAR 842] [2015 (2) AKR 179] has

categorically held that the intra-Court appeal under

Section 4 of the Karnataka High Court Act, 1961 is

not maintainable against the challenge made under

the Writ Court under Section 482 of Cr.P.C. It is clear

that notwithstanding its nomenclature, as one filed

under Articles 226 and 227 of the Constitution of

India read with Section 482 of Cr.P.C., the jurisdiction

exercised by the Writ Court would certainly fall under

Section 482 of Cr.P.C., the same being the supervisory

jurisdiction under Article 227 of the Constitution of

India, no intra-Court appeal is maintainable.

Hence, the writ appeal stands dismissed with

liberty to the appellant to seek redressal of his grievance

before the appropriate Court in accordance with law.

SD/-

JUDGE

SD/-

JUDGE

NC.