Masa Rama Jogi vs The State Of Andhra Pradesh
2022 Latest Caselaw 7810 AP

 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                   WRIT PETITION No.33471 OF 2022


ORDER:-


      This Writ Petition is filed challenging the order, dated

30.09.2022

, passed in M.C.No.18 of 2022 by the learned

Executive Magistrate under Section 145 Cr.P.C prohibiting the

petitioner from entering the disputed premises.

Having regard to the relief claimed in the Writ Petition in

challenging the proceedings issued under Section 145 Cr.P.C by

the learned Executive Magistrate, this Court is of the considered

view that this Writ Petition can be disposed of on the ground of its

maintainability.

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 invoke the extraordinary jurisdiction of this Court under

Article 226 of the Constitution of India. Since the petitioner got an

efficacious alternative remedy, the petitioner has 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. Again in

W.P.No.18784 of 2021, this Court has taken the same view.

Therefore, this Writ Petition is dismissed as not

maintainable. However, the petitioner is at liberty to invoke the

revisional powers of the revisional Court under Section 397(1)

Cr.P.C to challenge the said proceedings.

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

shall stand closed.

_______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 13-10-2022 AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No. 33471 OF 2022

Date: 13-10-2022

AKN