Citation : 2022 Latest Caselaw 1827 Tel
Judgement Date : 11 April, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W. A.No.253 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of order dated 21.12.2021,
passed by the learned Single Judge in W.P.No.11668 of 2019.
Mr. S.Ram Sharma Susarla, learned counsel for the appellant,
has stated before this Court that he does not have instructions to
argue the matter. He prays for withdrawal of his vakalat.
Prayer is allowed.
The facts of the case reveal that a complaint was preferred
on 11.01.2018 by the appellant for taking action against private
respondent No.25- D.Prabhavathi and that the appellant wanted an
FIR to be registered against her.
In the considered opinion of this Court, no writ appeal is
maintainable in law in view of the judgment delivered by the ::2::
Supreme Court in the case of Ram Kishan Fauji v. State of
Haryana and others1.
Hence, the Writ Appeal is dismissed with a liberty to the
appellant file a private complaint/case by taking shelter under the
provisions of the Code of Criminal Procedure, 1973.
No costs.
As a sequel, miscellaneous petitions, pending if any, stand
dismissed.
______________________________ SATISH CHANDRA SHARMA, CJ
_____________________________ ABHINAND KUMAR SHAVILI, J Date: 11-04-2022 LUR
(2017)5 SCC 533
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