Mohammad Firoz vs State Of Chhattisgarh

Heard Ms. Diksha Gouraha, learned counsel for the appellant. Also heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for respondent Nos. 1 to 3.

This writ appeal is presented by the respondent No.4 in the writ petition against an interim order dated 06.09.2022 passed by the learned Single Judge in WP(Cr) No. 628 of 2022.

The petitioner before the writ Court was an Arbitrator appointed to adjudicate dispute between Madhya Bharat Paper Limited and M/s Taj Traders & M/s. Sanzar Enterprises. As the dispute could not be resolved, it is pleaded that an FIR bearing Crime No. 0683 of 2022 under Sections 420, 34 of the IPC came to be lodged implicating the petitioner.

The order of the learned Single Judge goes to show that contention was advanced that the fact that the petitioner was father of one of the directors of Madhya Bharat Paper Limited was not disclosed.

Section 2 (1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 provides that an appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court. The proviso thereto lays down that no appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

Ms. Gouraha submits that the appeal is maintainable as the interim order is in the nature of a final order.

We do not think so.

The operative portion of the order of the learned Single, whereby interim order was granted, reads as follows :

“Considering the submissions made by learned counsel for the parties; facts of the case and the documents enclosed with the petition, particularly, considering the fact that petitioner is not a party to the agreement dated 26.10.2021, it is directed that further proceedings of FIR bearing Crime No. 683 of 2022 registered at Police Station Civil Lines, Bilaspur may go on but no coercive action shall be taken against the petitioner pursuant to the FIR, for a period of 45 days from today with a condition that he will cooperate with the investigation.”

A bare perusal of the above would go to show that no finality is attached and the order was passed purely as an interim measure for a period of 45 days.

In that view of the matter, this writ appeal is not maintainable and, accordingly, the same is dismissed.