Citation : 2025 Latest Caselaw 2615 Tel
Judgement Date : 27 February, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.241 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri Syed Irfan, learned counsel for the appellant and
Sri Mahesh Raje, learned Government Pleader for Home, for
respondent Nos.1 to 5.
2. The grievance of the appellant/writ petitioner before the
writ Court in W.P.No.25758 of 2023 was for registration of First
Information Report.
3. The Supreme Court in Ram Kishan Fauji v. State of
Haryana 1, opined that the writ appeal/letters patent appeal is
not maintainable against the order of the writ court when it
examined a criminal matter. The similar view was followed by
the High Court for the State of Telangana in State of Telangana
v. Tushar Vellapally 2 and the Gauhati High Court in Deba
Prasad Dutta v. State of Assam 3.
4. In this view of the matter, the writ appeal is not
maintainable and the same is accordingly dismissed as not
maintainable. No costs.
1 (2017) 5 SCC 533 2 2023 SCC OnLine TS 334 3 2023 SCC OnLine Gau 3615: AIR 2024 Gau 30
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 27.02.2025 Myk/Tsr
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