Intra court appeal
The Saint
(Querist) 15 October 2014
This query is : Resolved
Please provide information if intra court appeal of criminal writ is allowed at calcutta high court?
Devajyoti Barman
(Expert) 15 October 2014
Intra court appeal namely Letters Patent Appeal is not allowed in criminal matters in any high court in India let alone in Calcutta High Court.
If you disclose your problem then further advice can be given.
The Saint
(Querist) 15 October 2014
Thank you Sir.I have filed a writ under article 226 on police overaction in calcutta high court which was disposed by the hon'ble single bench. Dissatisfied with the order,I have filed an intra court appeal before the Division Bench. The Hon'ble division bench at calcutta high court disposed it with partial relief.I have filed a SLP before Hon'ble Supreme Court. I have filed a Criminal SLP as the matter is related to criminal law. The Supreme Court registry has asked for high court rule that allows an intra court appeal filed for criminal matter or alternately file a civil slp.Please suggest Sir what should be my next step.
Devajyoti Barman
(Expert) 15 October 2014
You have wrong by filing criminal SLP. It should have been SLP Civil.
Police inaction writ petitions are civil in nature in Calcutta High Curt.
I believe the single judge was Hon'ble Justice Dipankar Datta.
The Saint
(Querist) 15 October 2014
Yes Sir, he was Hon'ble Justice Dipankar Datta.
ajay sethi
(Expert) 15 October 2014
well advised by Mr barman