Ashok Dasari vs The State Of Telangana And 5 Others
2021 Latest Caselaw 4661 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                                 AND
                  THE HON'BLE SRI JUSTICE N. TUKARAMJI


                             WRIT APPEAL No.626 of 2021

JUDGMENT:              (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




          The present writ appeal is arising out of order dated

16.11.2021

passed in W.P.No.12335 of 2021 by the learned

Single Judge.

The undisputed facts of the case reveal that an order

dated 29.04.2021 was passed by the Executive Magistrate

under Section 111 of the Code of Criminal Procedure, 1973,

and the same was the subject matter of the writ petition.

Meaning thereby, a matter arising out of the Code of Criminal

Procedure, 1973, is the subject matter of the writ petition.

Learned Government Advocate has argued before this

Court that the writ appeal is not maintainable in light of the

judgment of the Hon'ble Supreme Court delivered in the case

of Ram Kishan Fauji vs. State of Haryana1.

This Court is of the opinion that the writ appeal is

certainly not maintainable, as the issue arises out of criminal

proceedings before the learned Single Judge and the same is

dismissed accordingly.

(2017) 5 SCC 533

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 29.12.2021 ES