THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.28494 of 2022
ORDER:-
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home.
This Writ Petition is filed assailing the order passed by the
learned Executive Magistrate in M.C.No.669 of 2022, dated
20.08.2022
, under Section 145(1) Cr.P.C.
Therefore, the Writ Petition can be disposed of on the ground of its maintainability. So, without touching the merits of the case, this Writ Petition is being disposed of on the ground of its maintainability.
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 revisional jurisdiction under Section 397(1) Cr.P.C, 2 the petitioner cannot maintain a Writ Petition under Article 226 of the Constitution of India invoking the extraordinary jurisdiction of this Court. 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 earlier in Criminal Petition (SR) No.5836 of 2021 and also in W.P. No.18784 of 2021 that an order or proceedings relating to Section 145 Cr.P.C passed by the Executive Magistrate are amenable to revisional jurisdiction under Section 397(1) Cr.P.C.
Therefore, in view of the settled law as discussed supra, this Writ Petition is dismissed as not maintainable. However, the petitioner is at liberty to avail the remedy of revision under Section 397(1) Cr.P.C to challenge the impugned order/proceedings passed under Section 145 Cr.P.C. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 06.09.2022 Note: Issue CC by 07.09.2022 B/o AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 28494 of 2022 Date: 06-09-2022 AKN