Citation : 2023 Latest Caselaw 5796 AP
Judgement Date : 5 December, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Appeal No.230 of 2023
Tadi Srinu, S/o Pattabhi, 40 years,
C/o Agnikula Kshatreya, Fishing,
resident of Kotipally village,
K.Gangavaram Mandal, East Godavari District.
... Appellant
Versus
The State Of Andhra Pradesh,
represented by its Principal Secretary,
Home Department,
Secretariat Buildings, Velagapudi,
Amaravathi, Andhra Pradesh & four others.
...Respondents
Mr. B.V. Subramanyeswara Rao, Counsel for the appellant.
Government Pleader for Home, Counsel for Respondent Nos.1 to 5.
Dt.:05.12.2023
PER JUSTICE DHIRAJ SINGH THAKUR, CJ (Oral):
The present Letters Patent Appeal has been preferred against
the judgment and order, dated 04.07.2022, in W.P. No.21708 of
2020.
2 HCJ & RRR,J WA.No.230_2023
2. The petitioner had sought quashing of the charge sheet
for the offences punishable under Sections 302 and 201 of the IPC
in the proceedings which were pending before the V Additional
District and Sessions Judge, Rajamahendravaram. The Writ
Petition was dismissed by virtue of the judgment and order
impugned and hence the present Letters Patent Appeal.
3. It is no longer res integra that a Letters Patent Appeal is
not maintainable against a judgment rendered by a single Bench,
passed in exercise of its criminal jurisdiction. Reference in this
regard can be made to the Apex Court judgment in the case of Ram
Kishan Fauji v. State of Haryana and others [2017 5 SCC 533],
which has been followed by this Bench in Writ Appeal No.849 of
2023, decided on 28.11.2023.
4. Be that as it may, the Appeal is held to be not
maintainable and accordingly dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
AKN 3 HCJ & RRR,J WA.No.230_2023
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Dt: 05.12.2023
AKN
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