Assistant Commissioner Of Central Tax ... vs Sri Bala Reddy
2025 Latest Caselaw 3132 Tel

Telangana High Court

Assistant Commissioner Of Central Tax ... vs Sri Bala Reddy on 17 March, 2025

        THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                               AND
              THE HON'BLE SMT. JUSTICE RENUKA YARA

                           WRIT APPEAL No.166 of 2025

     JUDGMENT:

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri Dominic Fernandes, learned Senior Standing Counsel for

CBIC, for the appellants and Sri P.Anwesh Reddy, learned counsel

for the respondent.

2. Heard on admission.

3. This Intra-Court Appeal takes exception to the order of learned

Single Judge passed in WP.No.11167 of 2023, dated 18.10.2023.

Before the learned Single Judge, Writ of Certiorari was prayed for to

quash the criminal complaint and further proceedings pertaining to

C.C.No.124 of 2018 pending on the file of Special Judge for

Economic Offences, City Criminal Courts at Nampally, Hyderabad.

Thus, essentially, Writ Appeal is arising out of writ petition, wherein

the learned Writ Court exercised its power of judicial review

in relation to Criminal Law.

4. In view of the judgment of the Supreme Court in Ram Kishan

Fauji v. State of Haryana 1 and the judgment of High Court for the

State of Telangana in State of Telangana v. Tushar Vellapally 2 and

1 (2017) 5 SCC 533 2 2023 SCC OnLine TS 334

the Gauhati High Court in Deba Prasad Dutta v. State of Assam 3,

the Writ Appeal /Letters Patent Appeal is not maintainable against the

order of the writ court when it examined a criminal matter.

5. Admission is declined.

6. Accordingly, the Writ Appeal is dismissed. However, this order

will not come in the way of appellants to approach the appropriate

forum. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

17.03.2025 nvl

3 2023 SCC OnLine Gau 3615: AIR 2024 Gau 30

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON'BLE SMT. JUSTICE RENUKA YARA

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Date: 17.03.2025

nvl