Dismissed

Golla Peda Muneppa, v. State of Andhra Pradesh

Andhra Pradesh HC22 Aug 2022WP/5398/2022

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as not maintainable, holding that orders under Section 145 Cr.P.C are subject to revisional jurisdiction under Section 397(1) Cr.P.C. Consequently, a writ petition invoking extraordinary jurisdiction is barred by the availability of an efficacious alternative remedy under Section 397(1) Cr.P.C.

What did the court decide?

Writ Petition dismissed; petitioner allowed to avail revision under Section 397(1) Cr.P.C.

Golla Peda Muneppa, Vs State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.5398 of 2022

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ORDER:-

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This Writ Petition is filed challenging the orders passed under Section 145 Cr.P.C in M.C.No.642 of 2018 by the learned Mandal Executive Magistrate.

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Therefore, this Writ Petition can be disposed of on the ground of its maintainability without going into the merits of the case.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

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It is now well settled law that an order passed under Section 145 Cr.P.C or the proceedings initiated under Section 145 Cr.P.C are amenable to revisional jurisdiction under Section 397(1) Cr.P.C. Any proceedings that are initiated or order passed under Section 145 Cr.P.C cannot be construed as an interlocutory order so as to attract the bar under Section 397(2) Cr.P.C. Therefore, when the proceedings initiated under Section 145 Cr.P.C, which are being challenged in this Writ Petition, are amenable to revisional jurisdiction under Section 397(1) Cr.P.C, the petitioner cannot maintain a Writ Petition under Article 226 of the Constitution of India invoking the extraordinary jurisdiction of this Court. Since the petitioner got an efficacious alternative remedy, the petitioner has to avail the said remedy under Section 397(1) Cr.P.C. In fact, this Court, while relying on the other judgments rendered on the issue, clearly held earlier

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in Criminal Petition (SR) No.5836 of 2021 and in W.P.No.18784 of 2021 that an order or proceedings relating to Section 145 Cr.P.C are amenable to revisional jurisdiction under Section 397(1) Cr.P.C.

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Therefore, this Writ Petition is dismissed as not maintainable. However, the petitioner is at liberty to avail the remedy of revision under Section 397(1) Cr.P.C to challenge the impugned order/proceedings.

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Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

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______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 22.08.2022

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Note: Issue CC by 23.08.2022. B/o AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No. 5398 of 2022

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Date: 22-08-2022

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AKN

Golla Peda Muneppa, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Golla Peda Muneppa, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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