R.R.PRASAD, J. - (1.) AS the question of maintainability of this writ application filed under Article 226 of the Constitution of India has been raised by the office, learned Counsel appearing for the petitioners and also other counsel appearing in other writ applications' maintainability of which has also been questioned, were heard.
(2.) MR . V.P. Singh, learned senior counsel appearing for the petitioners submitted that invariably whenever writ application is field for quashment of any order passed by a criminal court, Stamp Reporter raises the question of maintainability presumably for the reason that other statutory remedy by way of revision or remedy under Section 482 of the Code of Criminal Procedure is available to the petitioners but that objection is totally uncalled for in view of the settled law that availability of statutory remedy never obliterates power of the High Court under Article 226 or 227 of the Constitution of India. Learned Counsel in this respect referred to decisions rendered in a case of Jagir Singh v. Ranbir Singh : 1979CriLJ318 and Chandrasekhar Singh and Ors. v. Siya Ram Singh and Ors. : 1979CriLJ13 . Thus, it was submitted that it is beyond the competence of the Stamp Reporter to raise issue of the maintainability of a writ application filed for quashment of an order passed by a criminal court.
(3.) LEARNED Counsel Mr. Kaushik Sarkhel, Mr. Pandey Niraj Rai as well as other counsel appearing in other writ applications also put forth the same submission that availability of other forum never diminishes the power of this Court under Articles 226 and 227 of the Constitution of India.;