Summary
- High Court of Madhya Pradesh at Gwalior bench of Justices Anand Pathak and B.P. Sharma in Umesh Godaniya vs The State Of Madhya Pradesh & Ors.
- Whether the writ appeal against the dismissal of a petition under Article 226 is maintainable when the relief sought is akin to that under Section 482 of Cr.P.C.
- Court observed that the writ appeal is not maintainable as the petitioner had availed the remedy under Section 482 of Cr.P.C.
- The court emphasized that once a litigant exercises extraordinary criminal jurisdiction, no appeal lies before the Division Bench.
- This judgment clarifies the distinction between civil and criminal proceedings regarding maintainability of appeals in High Court decisions.
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