1 cr-wp-1055-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1055 OF 2011 Suraj Babu Singh ..Petitioner Vs. The State of Maharashtra ..Respondent .... Mr. T.A.Thakur Advocate for petitioner Mr. Y.S.Shinde A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 26, 2011 PER COURT: 1 Filing of this writ petition itself is an abuse of process of Court. For the same relief the petitioner had filed Criminal Application No. 172 of 2011 challenging the order of the trial Court rejecting the application for recall of the witness. The present writ petition has been filed under Article 226 of the Constitution of India by the petitioner contending that there is a breach of article 21 of the Constitution of India. 2 Once the litigant has approached the learned Single Judge and the learned Single Judge has dismissed application, the litigant 2 cr-wp-1055-11 cannot invoke the jurisdiction of this Court under Article 226 of the Constitution of India. We are not sitting as an appellate Court over the orders passed by the learned Single Judge. Filing of this writ petition itself is an abuse of process of Court. 3 For the aforesaid reasons, we are not inclined and accordingly we dismiss this writ petition with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]