Bengaluru: The High Court on Monday dismissed a writ petition filed by Raghaveshwara Bharati, the seer of the Ramachandrapura Mutt in Shivamogga district, seeking quashing of an FIR that accused him of rape.

A division bench comprising Justice Ananda Byrareddy and Justice N Ananda dismissed the appeal on the grounds that it was not maintainable under Section 4 of the Karnataka High Court Act, 1961, which talks about appeals over decisions of a single judge bench of the High Court. The seer’s petition to quash FIR was earlier dismissed by a single judge bench of the High Court.

The division bench termed the appeal “ambiguous” as the matter was previously heard as a criminal petition and subsequently the appeal was filed under writ jurisdiction. The court said the single judge bench order under section 482 of the Criminal Procedure Code (CrPC ) is justified and the appellant’s contention under Article 226 and 227 of the Constitution of India is not maintainable.

The division bench, in its order, stated that the appeal has consumed much of the court’s time at the cost of the exchequer and to the detriment of the litigants with graver concerns.

“It would certainly warrant the appellants to be mulcted with costs. However, he (seer) is said to be a man of the Holy Order. Hence, he would not be expected to possess any personal wealth. The cost, if imposed, would come from the coffers of the institution, which may indeed be involved with religious activity for the benefits of its followers and humanity in general. Hence, we stop short of imposing costs,” it observed.