THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.33471 OF 2022
ORDER:-
This Writ Petition is filed challenging the order, dated
30.09.2022
, passed in M.C.No.18 of 2022 by the learned Executive Magistrate under Section 145 Cr.P.C prohibiting the petitioner from entering the disputed premises.
Having regard to the relief claimed in the Writ Petition in challenging the proceedings issued under Section 145 Cr.P.C by the learned Executive Magistrate, this Court is of the considered view that this Writ Petition can be disposed of on the ground of its maintainability.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
It is now well settled law that an order passed under Section 145 Cr.P.C or the proceedings initiated under Section 145 Cr.P.C are amenable to revisional jurisdiction under Section 397(1) Cr.P.C. Any proceedings that are initiated or order passed under Section 145 Cr.P.C cannot be construed as an interlocutory order so as to attract the bar under Section 397(2) Cr.P.C. Therefore, when the proceedings initiated under Section 145 Cr.P.C, which are being challenged in this Writ Petition, are amenable to 2 revisional jurisdiction under Section 397(1) Cr.P.C, the petitioner cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Since the petitioner got an efficacious alternative remedy, the petitioner has to avail the said remedy under Section 397(1) Cr.P.C. This Court, while relying on the other judgments rendered on the issue, clearly held recently in Criminal Petition (SR) No.5836 of 2021 that an order or proceedings relating to Section 145 Cr.P.C are amenable to revisional jurisdiction under Section 397(1) Cr.P.C. Again in W.P.No.18784 of 2021, this Court has taken the same view.
Therefore, this Writ Petition is dismissed as not maintainable. However, the petitioner is at liberty to invoke the revisional powers of the revisional Court under Section 397(1) Cr.P.C to challenge the said proceedings.
Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.
_______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 13-10-2022 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 33471 OF 2022 Date: 13-10-2022 AKN