Madras HC Dismisses Advocate’s LPA Over FIR Request, Citing Letters Patent Bar On Appeals From Criminal-Jurisdiction Orders

The appellant, a practising advocate appearing in person, had earlier sought police action on his complaints through a writ petition. The writ petition was dismissed, and the Division Bench later dismissed his writ appeal, noting that he had not exhausted the remedies available under the Code of Criminal Procedure.

In 2026, he filed a petition under Section 482 CrPC seeking a direction to register a complaint. The Single Judge disposed of the petition, leaving him at liberty to approach the competent court by way of a private complaint.

The appellant then filed this Letters Patent Appeal challenging that order.

1. Whether an appeal under Clause 15 of the Letters Patent lies against a Single Judge’s order passed in a Criminal Original Petition under Section 482 CrPC.

2. Whether the present appeal was maintainable where the petition before the Single Judge sought to set the criminal law in motion by seeking registration of an FIR.

Clause 15 of the Letters Patent excludes an appeal against a judgment or order passed by a Single Judge in the exercise of criminal jurisdiction.

In Ram Kishan Fauji v. State of Haryana, (2017) 5 SCC 533, the Supreme Court held that no Letters Patent Appeal lies against an order passed by a Single Judge exercising criminal jurisdiction.

The Court also stated that an order under Section 482 CrPC in a criminal original petition is not appealable under Clause 15 and that an appeal against such an order lies only before the Supreme Court.

The appellant’s Section 482 petition sought registration of an FIR and therefore invoked the Single Judge’s criminal jurisdiction.

Applying Clause 15 and Ram Kishan Fauji, the Court held that the character of the jurisdiction exercised—not the form of the challenged order—precluded a Letters Patent Appeal.

The Court accordingly treated the appeal as not maintainable and did not reconsider the merits of the underlying complaint or the Single Judge’s disposal of the petition.

The appeal was dismissed; no costs were awarded.