P.G.Sathish vs P.Boobalu
2021 Latest Caselaw 24068 Mad

                                                                              W.A.No.2654 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 07.12.2021

                                                        CORAM

                                    The Hon'ble Mr. Justice PARESH UPADHYAY
                                                        and
                              The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP

                                                  W.A.No.2654 of 2021


                     P.G.Sathish                                                      .. Appellant

                                                            Vs

                     1.P.Boobalu

                     2.The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Erode Post & District.

                     3.The Deputy Superintendent of Police,
                       Office of the Deputy Superintendent of Police,
                       Sathyamangalam Post & Taluk,
                       Erode Post & District.

                     4.The Inspector of Police,
                       Punjai Puliampatti Police Station,
                       Punjai Puliampatti Post,
                       Sathyamangalam Taluk,
                       Erode District.                                           .. Respondents


                                  Appeal preferred under Clause 15 of Letters Patent against
                     the order dated 02.09.2021 made in W.P.No.11185 of 2021.

                                       For Appellant    :        Mr.V.P.Sengottuvel

                                       For Respondents :         Mr.T.N.C.Kaushik,
                                                                 Additional Government Pleader
                                                                 for R2 to R4


https://www.mhc.tn.gov.in/judis
                     Page 1 of 4
                                                                              W.A.No.2654 of 2021



                                                        JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order dated 02

September, 2021 passed by learned Single Judge recorded on

W.P.No.11185 of 2021.

2. Learned advocate for the appellant has in all fairness, at

the outset stated that, the impugned order passed by learned

Single Judge was, though under Article 226 of the Constitution of

India, was in criminal jurisdiction. Learned advocate for the

appellant has also drawn the attention of this Court to the decision

of the Division Bench of this Court recorded on W.A.Sr.No.44351 of

2020 dated 03 August, 2020 (D.Kumar v Raichand Daga and others

reported in (2020) 6 MLJ 245). As per the said decision, this

appeal would not be maintainable.

3. This appeal is accordingly disposed of as not maintainable.

It is clarified that we have not gone into the merits of the matter.

Needless to observe that the petitioner has all the right to resort to

the remedies available to him, except intra-court appeal, which, as

conceded by him is not maintainable.

https://www.mhc.tn.gov.in/judis

W.A.No.2654 of 2021

4. In view of the above, this writ appeal is disposed of. No

costs. Consequently, connected C.M.P.No. 17264 of 2021 is closed.

                                                                       (P.U., J)     (S.S.K., J)
                                                                                07.12.2021
                     Index:Yes/No
                     ssm/25


                     To

1.The Superintendent of Police, Office of the Superintendent of Police, Erode Post & District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathyamangalam Post & Taluk, Erode Post & District.

3.The Inspector of Police, Punjai Puliampatti Police Station, Punjai Puliampatti Post, Sathyamangalam Taluk, Erode District.

https://www.mhc.tn.gov.in/judis

W.A.No.2654 of 2021

PARESH UPADHYAY, J.

and SATHI KUMAR SUKUMARA KURUP, J.

ssm

W.A.No.2654 of 2021

07.12.2021

https://www.mhc.tn.gov.in/judis