The Supreme Court Today (Dec 9) expressed surprise at the Delhi High Court registry classifying a petition filed under Article 227 read with Section 482 of the Code of Criminal Procedure (CrPC) as ‘criminal writ petition’. A Bench of Justices Pankaj Mithal and Sandeep Mehta sought the response of the Registrar General of the Delhi High Court on this aspect.
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NEW DELHI: The Supreme Court on Monday expressed surprise at the classification of a petition filed under Article 227 of the Constitution and Section 482 of the Code of Criminal Procedure (CrPC) as a “criminal writ petition” by the Delhi High Court registry.
Bench’s Observations
A Bench comprising Justices Pankaj Mithal and Sandeep Mehta noted the apparent inconsistency and sought an explanation from the Registrar General of the Delhi High Court. The Bench remarked:
“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. A petition under Article 227/Section 482 cannot be titled as a criminal writ petition. Since the entire proceedings have already been quashed, we direct issuance of notice to the respondents as well as the Registry General of the Delhi High Court as to how such a petition filed under Article 227/482 was titled as a criminal writ petition.”
Case Background
The Supreme Court was hearing an appeal against a Delhi High Court order that had quashed a first information report (FIR).
The classification issue came to light during the proceedings, prompting the apex court to question the procedural practices of the High Court’s registry.
Supreme Court’s Direction
The top court directed the issuance of notices to the respondents and the Registrar General of the Delhi High Court to clarify the matter. This directive underscores the importance of ensuring that procedural errors do not undermine the proper administration of justice.
The case will now proceed with the response from the Registrar General and other concerned parties.
A High Court Registry is a vital part of the High Court that manages administrative and judicial functions.
The Registry is led by the Registrar, who is responsible for a variety of tasks, including:
- Administrative functions: Maintaining judicial officer files, posting and transferring officers, and administering budget grants
- Judicial functions: Recording documents in case files, managing proceedings, and keeping the General List of all cases
- Court records: Safekeeping and secure custody of court records
- Fees: Collecting and accounting for all fees received by the court
The Chief Justice of the High Court appoints the Registrar for the local limits of the court’s original civil jurisdiction.
The State Government appoints the Registrar for the areas outside of those limits.
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