On Monday, the Supreme Court raised concerns regarding the Delhi High Court’s registry’s decision to categorize a petition under Article 227 in conjunction with Section 482 of the Code of Criminal Procedure (CrPC) as a ‘criminal writ petition.’ Justice Pankaj Mithal and Justice Sandeep Mehta, overseeing the bench, called for an explanation from the Registrar General of the Delhi High Court concerning this classification.
The court’s astonishment was evident as it addressed the issue, stating, “We are amazed to know that though the petition was filed under Article 227 read with Section 482 CRPC, it was taken up as a criminal writ petition, which on the face of it appears to be incorrect as a petition under Article 227/ Section 482 cannot be titled as a criminal writ petition.” The justices emphasized the procedural discrepancy given the nature of the petition, which typically should not fall under the category of criminal writs.
This query from the Supreme Court came while reviewing a plea that challenged a prior Delhi High Court order, which had led to the quashing of a first information report (FIR). The apex court has thus issued a notice to both the respondents involved and the Registry General of the Delhi High Court, seeking a detailed explanation on how the petition initially filed under Article 227/482 was mislabeled as a criminal writ petition.
The proceedings, now under scrutiny, had already concluded with the quashing of the FIR, adding layers of complexity to the High Court’s initial handling of the case.
