Sanaboina Gangamma vs The State Of Andhra Pradesh
2021 Latest Caselaw 3374 AP

  THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No.18784 OF 2021

ORDER:-

Heard learned counsel for the petitioners and learned Assistant

Government Pleader for Home.

This Writ Petition has been filed assailing the proceedings

initiated under Section 145 Cr.P.C by the learned Executive

Magistrate.

This Writ 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 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, the petitioners cannot

maintain a Writ Petition under Article 226 of the Constitution of

India invoking the extraordinary jurisdiction of this Court. Since the

petitioners got an efficacious alternative remedy, the petitioners have

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.

Therefore, this Writ Petition is dismissed as not maintainable.

However, the petitioners are at liberty to avail the remedy of revision

under Section 397(1) Cr.P.C to challenge the impugned

order/proceedings.

Miscellaneous Petitions, if any pending, in this Writ Petition,

shall stand closed.

_______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 06-09-2021

Note: Registry is directed to return the copy of the impugned order to the petitioners to enable them to prefer revision against the said order.

B/o AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No.18784 OF 2021

Date: 06-09-2021

AKN