The Society Of Indigenous ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 6255 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                WRIT PETITION No.28494 of 2022

ORDER:-

      Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Home.


      This Writ Petition is filed assailing the order passed by the

learned Executive Magistrate in M.C.No.669 of 2022, dated

20.08.2022

, under Section 145(1) Cr.P.C.

Therefore, the Writ Petition can be disposed of on the

ground of its maintainability. So, without touching the merits of

the case, this Writ Petition is being 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 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. This Court, while relying on the

other judgments rendered on the issue, clearly held earlier in

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

No.18784 of 2021 that an order or proceedings relating to

Section 145 Cr.P.C passed by the Executive Magistrate are

amenable to revisional jurisdiction under Section 397(1) Cr.P.C.

Therefore, in view of the settled law as discussed supra,

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 passed under Section 145 Cr.P.C. No costs.

Miscellaneous petitions, if any pending, in the Writ

Petition, shall stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 06.09.2022

Note: Issue CC by 07.09.2022 B/o AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No. 28494 of 2022

Date: 06-09-2022

AKN