Mohammed Khader Ali vs The State Of Telangana And 3 Others
2021 Latest Caselaw 3747 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                          AND
            THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                             WRIT APPEAL No.612 of 2021

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


          The appellant before this Court has filed the present

writ appeal against the order dated 09.11.2021 passed in

W.P.No.26866 of 2021 by the learned Single Judge.

          The undisputed facts of the case reveal that the

appellant before this Court has filed a writ petition stating

that his son has been falsely implicated in a criminal case

registered as Crime No.205 of 2021 for the offence under

Sections 457 and 380 of IPC. The learned Single Judge has

dismissed              the    writ   petition     granting   liberty    to   the

appellant/writ               petitioner   to    avail   appropriate    remedies

available under the Code of Criminal Procedure, 1973. Now a

writ appeal has been preferred.

          In the first place, the writ appeal is not maintainable in

the light of the judgment delivered in the case of Ram Kishan

Fauji vs. State of Haryana1.                    However, as the appellant's

contention is that his son has falsely implicated, the Code of

Criminal Procedure thus provides remedy at various levels

and the learned Single Judge was justified in granting liberty

to avail the remedies available under the Code of Criminal




1
    (2017) 5 SCC 533
                                2




Procedure, this Court does not find any reason to interfere

with the order passed by the learned Single Judge.

      The writ appeal is accordingly dismissed.

      Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.



                              __________________________________
                               SATISH CHANDRA SHARMA, CJ



                                   ______________________________
                                     A. RAJASHEKER REDDY, J

24.11.2021

ES