In Brief
Ram Kishan Fauji challenged the Lokayukta's recommendation to register an FIR against him for alleged bribery. The High Court's Single Judge quashed the Lokayukta's recommendation and the consequent FIR, finding the evidence unreliable. The State appealed via Letters Patent Appeal to the Division Bench. The Supreme Court held that no Letters Patent Appeal lies against an order passed by a Single Judge in exercise of criminal jurisdiction. Although the order was passed under Article 226 (writs), it concerned a criminal proceeding—the quashing of a criminal investigation. The nature of a proceeding depends on the relief sought and the consequences, not the tribunal or the article invoked. Since the order sought to avoid criminal prosecution and its consequences, it was a criminal proceeding within the Letters Patent's bar on appeals from criminal jurisdiction. The appeal was allowed and the Division Bench order was set aside.
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