The three accused – Ramchandra Bharti, Nand Kumar and Simhayaji – have argued that the state can now only approach the Supreme Court.
HYDERABAD: The Telangana government on Monday asked the Telangana High Court to declare as legally admissible the state’s appeal against the single judge’s order rejecting the technical objections raised by the accused in the Pouchgate case and transferring the probe from the Special Investigation Team (SIT) to the CBI. requested. The three accused – Ramchandra Bharti, Nand Kumar and Simhayaji – have argued that the state can now only approach the Supreme Court and not the High Court, as there is no facility of appeal before a division bench against a single judge’s order in criminal cases .
Senior Supreme Court advocate Dushyant Dave, appearing for Telangana, referred to the powers exercisable by the single judge and said, “He did not pass this order under Article 227 of the Constitution which deals with superintendence over the lower courts.” Had it been so, the appeal would have been to the Supreme Court. But the present order under challenge was passed under Article 226. The order of the Single Judge was a writ which is within the ambit of public law remedy and does not invoke criminal jurisprudence.’
Citing Section 108 of the Government of India Act, which allows appeals within the same High Court in such cases, Dave urged a bench of Chief Justice Ujjal Bhuiyan and Justice N Tukaramji to review the single judge’s order riddled with several glaring errors. The appeal of the State against the order be allowed.
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Story first published: Tuesday, January 10, 2023, 17:21 [IST]