B.Ram Prasad Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

B.Ram Prasad Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Petitioner is at liberty to avail the remedy of revision under Section 397(1) Cr.P.C. to challenge the impugned order/proceedings; no order as to costs.

Issue for consideration

Whether the writ petition challenging the order in MC.No.2/2019 is maintainable before the High Court under Article 226, given that proceedings/orders of the kind challenged are amenable to the alternative revisional remedy under Section 397(1) Cr.P.C.

Court's answer

Following the Court's order dated 06.09.2021 in W.P.No.18784 of 2021, this writ petition is dismissed, with the petitioner left at liberty to avail the remedy of revision under Section 397(1) Cr.P.C. to challenge the impugned order/proceedings.

Ratio / Principle

As a sequel to the dismissal, miscellaneous petitions, if any pending, shall stand closed.

Detailed headnote1 paragraphs

Writ Petitions — Maintainability / Alternative Remedy. Single-judge bench of Smt. Justice Sumathi Jagadam, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), dismissed W.P. No. 6892 of 2019, filed under Article 226 by B. Ram Prasad seeking a writ of certiorari against the order in MC.No.2/2019 dated 11.1.2019 on the file of the Tahasildar and Mandal Executive Magistrate, Jupadu Bunglow Mandal, Kurnool District (passed basing on the Station House Officer's letter dated 10.01.2019). At hearing, counsel for both sides agreed the issue was squarely covered by this Court's order dated 06.09.2021 in W.P.No.18784 of 2021, whose operative portion holds that orders/proceedings under Section 145 Cr.P.C. are amenable to revisional jurisdiction under Section 397(1) Cr.P.C., are not interlocutory orders attracting the Section 397(2) bar, and that a petitioner having such efficacious alternative remedy cannot maintain an Article 226 writ. Following that order, this writ petition was dismissed, the petitioner being left free to seek revision under Section 397(1) Cr.P.C.; no costs; pending miscellaneous petitions closed.

APHC010124082019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3459]

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 6892/2019

Between:

B.RAM PRASAD, S/O VENKATAIAH AGED ABOUT 56 YEARS, RESIDENT OF THANGADENCHA VILLAGE JUPADU BUNGLAW MANDAL KURNOOL DISTRICT

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT

THE STATION HOUSE OFFICER, JUPADU BUNGLOW POLICE STATION JUPADU BUNGLOW, KURNOOL DISTRICT.

THE REVENUE DIVISIONAL OFFICER, KURNOOL.

THE TAHASILDAR AND MANDAL EXECUTIVE MAGISTRATE, JUPADU BUNGLOW MANDAL , KURNOOL DISTRICT.

SHAIK FAROOQ BASHA, S/O ABDUL RAHIM RESIDENT OF PAMULAPADU VILLAGE AND MANDAL KURNOOL DISTRICT

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

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JS,J W.P.No.6892 of 2019

be pleased to issue any writ, order or direction more particularly one in the nature of writ of certiorari calling for the records in MC.No.2/2019 dated 11.1.2019 basing on the letter issued by 2nd respondent dated 10.01.2019 on the file of the 4th respondent and quash the same and to pass

IA NO: 1 OF 2019

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed by the 4th respondent in MC.No.2/2019 dated 11.1.2019 basing on the letter issued by 2nd respondent dated 10.1.2019 pending disposal of the Writ Petition and to pass

Counsel for the Petitioner:

G SRAVAN KUMAR

Counsel for the Respondent(S):

GP FOR HOME (AP)

GP FOR REVENUE (AP)

P NARASIMHULU

This Court made the following:

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JS,J W.P.No.6892 of 2019

ORDER:

At the hearing, learned counsel for the parties have agreed that the issue raised in this writ petition is squarely covered by the order dated 06.09.2021 passed by this Court in W.P.No.18784 of 2021. The operative portion of the said order reads as under:

“This Writ Petition can be disposed of on the ground of its maintainability. 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 petitioners cannot maintain a Writ Petition under Article 226 of the Constitution of India invoking the extraordinary jurisdiction of this Court. Since the petitioners got an efficacious alternative remedy, the petitioners have to avail the said remedy under Section 397(1) Cr.P.C. This Court, while relying on the other judgments rendered on the issue, clearly held recently in Criminal Petition (SR) No.5836 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.

Therefore, this Writ Petition is dismissed as not maintainable. However, the petitioners are 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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JS,J W.P.No.6892 of 2019

Following the same, this Writ Petition is dismissed. 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. No order as to costs.

As a sequel, miscellaneous petitions, if any pending, shall stand closed.

_________________________ JUSTICE SUMATHI JAGADAM

2^nd April, 2026 cbs

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JS,J W.P.No.6892 of 2019

THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM

WRIT PETITION No.6892 of 2019

2^nd April, 2026

cbs