Andhra Pradesh High Court
WP/6892/2019 of B.Ram Prasad Vs State of Andhra Pradesh on 1 April 2026
ANDHRA PRADESH :: AMARAVATI W.P.No.6892 OF 2019 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 02. 02.04.2026 JS,J: No representation for the petitioner. Post the matter after two (2) weeks. B/o. KAS
APHC010124082019
IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE SECOND DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 6892/2019
Between:
1. B.RAM PRASAD, S/O VENKATAIAH AGED ABOUT 56 YEARS, RESIDENT OF THANGADENCHA VILLAGE JUPADU BUNGLAW
MANDAL KURNOOL DISTRICT
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT
2. THE STATION HOUSE OFFICER, JUPADU BUNGLOW POLICE
STATION JUPADU BUNGLOW, KURNOOL DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, KURNOOL.
4. THE TAHASILDAR AND MANDAL EXECUTIVE MAGISTRATE, JUPADU BUNGLOW MANDAL , KURNOOL DISTRICT.
5. 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
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:
1. G SRAVAN KUMAR
Counsel for the Respondent(S):
1. GP FOR HOME (AP)
2. GP FOR REVENUE (AP)
3. P NARASIMHULU
This Court made the following:
JS,J
W.P.No.6892 of 2019
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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.”
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 2nd April, 2026 cbs
JS,J W.P.No.6892 of 2019
THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM
WRIT PETITION No.6892 of 2019
2nd April, 2026 cbs