SC held that a writ petition under Article 226 not be maintainable

In a petition Supreme Court has held that a writ petition under Article 226 would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. 

The petitioner had filed a domestic violence complaint before Metropolitan Magistrate, Bengaluru, which was dismissed. The High Court also dismissed the revision petition. Then the petitioner moved Supreme court against the order passed by the High Court by filing a writ petition under Article 226 with a prayer to declare the judgment of the Single Judge ‘ void’.

The court held that “We are of the view that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. In the present case, the High Court has exercised its revisional jurisdiction. Merely assailing the order as an order which is void would not enable a litigant to avoid the consequences which emanate from the order, by instituting a writ petition under Article 226.”

Case name: Neelam Manmohan Attavar vs. Manmohan Attavar (D) Thr LRs
Case no.: Transferred Case (Criminal) No 1 of 2020

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