THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.776 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. R.Dheeraj Singh, learned counsel for the
appellant and Mr. M.Roopender, learned Government Pleader
for Home for respondent Nos.1, 2 & 3.
2. This appeal is directed against the order dated 23.08.2022 passed by the learned Single Judge dismissing Writ Petition No.13987 of 2016 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition for quashing of proceedings qua the appellant in C.C.No.351/2015 pending on the file of XXV Special Magistrate, Erramanzil, Hyderabad under Section 138 of the Negotiable Instruments Act, 1881.
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4. While dismissing the writ petition, learned Single Judge observed that all contentious issues raised could only be gone into in trial, that too after adducing evidence.
5. While we concur with the views expressed by the learned Single Judge, we however find that certain observations have been made by the learned Single Judge which may be construed either in favour of or against the appellant. But the moot point is that against an order of a learned Single Judge, subject matter of which is criminal in nature, Supreme Court in Ram Kishan Fauji v. State of Haryana1 has clearly held that an order passed by a learned Single Judge in exercise of Article 226 of the Constitution of India relating to criminal jurisdiction cannot be made the subject matter of intra-court appeal.
6. That being the position, we are not inclined to entertain the appeal.
1 (2017) 5 Supreme Court Cases 533
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7. Writ Appeal is accordingly dismissed. However,
there shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 29.11.2022 KL