Golla Peda Muneppa, vs State Of Andhra Pradesh,
2022 Latest Caselaw 5459 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No.5398 of 2022

ORDER:-

This Writ Petition is filed challenging the orders passed

under Section 145 Cr.P.C in M.C.No.642 of 2018 by the learned

Mandal Executive Magistrate.

Therefore, this Writ Petition can be disposed of on the

ground of its maintainability without going into the merits of the

case.

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Home.

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 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. In fact, this Court, while relying on

the other judgments rendered on the issue, clearly held earlier

in Criminal Petition (SR) No.5836 of 2021 and in W.P.No.18784

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 petitioner is 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 the Writ Petition,

shall stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 22.08.2022

Note: Issue CC by 23.08.2022.

B/o AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No. 5398 of 2022

Date: 22-08-2022

AKN