THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.626 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
16.11.2021
passed in W.P.No.12335 of 2021 by the learned Single Judge.
The undisputed facts of the case reveal that an order dated 29.04.2021 was passed by the Executive Magistrate under Section 111 of the Code of Criminal Procedure, 1973, and the same was the subject matter of the writ petition. Meaning thereby, a matter arising out of the Code of Criminal Procedure, 1973, is the subject matter of the writ petition.
Learned Government Advocate has argued before this Court that the writ appeal is not maintainable in light of the judgment of the Hon'ble Supreme Court delivered in the case of Ram Kishan Fauji vs. State of Haryana1.
This Court is of the opinion that the writ appeal is certainly not maintainable, as the issue arises out of criminal proceedings before the learned Single Judge and the same is dismissed accordingly.
1 (2017) 5 SCC 533 2 Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 29.12.2021 ES