Andhra Pradesh High Court - Amravati
Assailing The Order Passed Under ... vs Unknown on 25 October, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5782 of 2021
ORDER:-
Assailing the order passed under Section 145 Cr.P.C, the
petitioners have filed the present Criminal Petition under Section
482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.")
questioning the legality and validity of the impugned order.
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
Since this Criminal Petition under Section 482 Cr.P.C is filed
against the order passed by the learned Executive Magistrate
under Section 145 Cr.P.C, this Court is of the considered view that
in view of the settled law that this Criminal Petition can be
disposed of on the ground of its maintainability.
It is now well settled law that an order passed under Section
145 Cr.P.C is amenable to revisional jurisdiction under Section
397(1) Cr.P.C. The order passed under Section 145 Cr.P.C cannot
be considered as an interlocutory order so as to attract the bar
under Section 397(2) Cr.P.C.
The High Court of Uttaranchal had an occasion to deal with
the said legal position in the case of Narendra Singh v.
Additional S.D.M. and others1 and at para 7 of the judgment, it
is held as follows:
"Since the proceedings under Section 145 was initiated under
the provisions of Cr.P.C. and the impugned order has been
passed releasing the property after dropping the proceedings
2003 (10) AIC 678
under Section 145 Cr.P.C., therefore, the petitioners have
alternative remedy of filing criminal revision under Chapter 20 of
Code of Criminal Procedure....."
The Supreme Court in the case of Sadhana Lodha v.
National Insurance Company Limited2 held as follows:
"The supervisory jurisdiction conferred on the High Courts
under Article 227 of the Constitution is confined only to see
whether an inferior Court or tribunal has proceeded within its
parameters and not to correct any error apparent on the face of
the record, much less of an error of law............................ For
the aforesaid reasons, we are of the view that since the insurer
has a remedy by filing an appeal before the High Court, the
High Court ought not to have entertained the petition under
Article 226/227 of the Constitution of India and for that
reason, the judgment and order under challenge deserves to be
set aside."
Relying on this judgment of the Apex Court, the High Court
of Uttaranchal has taken the aforesaid view in the Narendra
Singh v. Additional S.D.M. and others (cited supra).
In the case of Surinder Singh vs. State of Punjab3, the
High Court of Punjab and Haryana also had an occasion to deal
with the same issue. While relying on Full Bench judgment of High
Court of Jammu and Kashmir, in the case of Brij Lal Chakoo etc.
v. Abdul Ahad Nishati and others4, wherein it is held that an
order passed under Section 145(1) of Code of Criminal Procedure
cannot be said to be merely an interlocutory order and a revision
against the said order was not barred under the provisions of
Cr.P.C., the Punjab and Haryana High Court also ultimately held
as follows:
AIR 2003 SC 1561
(1996) 113 PLR 203
1980 Crl. L.J. 89
"In view of the forgoing discussion, it is abundantly clear that
while a revision against an order passed under Section 145(1) of
Code of Criminal Procedure is legally maintainable and is not
barred under Section 397(2) of the Code of Criminal Procedure
as the same is not an interlocutory order and is in fact an order
which touches the jurisdiction of the Magistrate to initiate the
proceedings......"
Thus, there is a long line of judicial precedents which make
the legal position clear that revision lies against the order passed
under Section 145 Cr.P.C. In view of the law enunciated in the
above judgments, this Criminal Petition is dismissed as not
maintainable. However, the petitioners are at liberty to challenge
the said order under Section 397(1) Cr.P.C.
Miscellaneous petitions, if any pending, in the Criminal
Petition, shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 25.10.2021
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5782 of 2021
Date: 25-10-2021
AKN
