Smt. L. Prameela Rani vs The State Of Telangana And 4 Others
2022 Latest Caselaw 6235 Tel

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

     THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                    WRIT APPEAL No.776 of 2022


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. R.Dheeraj Singh, learned counsel for the

appellant and Mr. M.Roopender, learned Government Pleader

for Home for respondent Nos.1, 2 & 3.

2. This appeal is directed against the order dated

23.08.2022 passed by the learned Single Judge dismissing

Writ Petition No.13987 of 2016 filed by the appellant as the

writ petitioner.

3. Appellant had filed the related writ petition for

quashing of proceedings qua the appellant in

C.C.No.351/2015 pending on the file of XXV Special

Magistrate, Erramanzil, Hyderabad under Section 138 of the

Negotiable Instruments Act, 1881.

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                                                   W.A.No.776 of 2022

4. While dismissing the writ petition, learned Single

Judge observed that all contentious issues raised could only

be gone into in trial, that too after adducing evidence.

5. While we concur with the views expressed by the

learned Single Judge, we however find that certain

observations have been made by the learned Single Judge

which may be construed either in favour of or against the

appellant. But the moot point is that against an order of a

learned Single Judge, subject matter of which is criminal in

nature, Supreme Court in Ram Kishan Fauji v. State of

Haryana1 has clearly held that an order passed by a learned

Single Judge in exercise of Article 226 of the Constitution of

India relating to criminal jurisdiction cannot be made the

subject matter of intra-court appeal.

6. That being the position, we are not inclined to

entertain the appeal.

1 (2017) 5 Supreme Court Cases 533
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                                                 W.A.No.776 of 2022




     7.    Writ Appeal is accordingly dismissed.         However,

there shall be no order as to costs.

8. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

__________________________ UJJAL BHUYAN, CJ

___________________________ C.V.BHASKAR REDDY, J

Date: 29.11.2022 KL