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High Court for State of TelanganaWA/714/2019dismissed no costs

D.Vidya Sagar Rao And 3 Others v. The State Of Telangana And 4 Others

2019-08-28Raghvendra Singh Chauhan,A.Abhishek Reddy2 pages

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY W.A. No. 714 of 2019 Date: 28.08.2019 Between:

D. Vidyasagar Rao and others ... Appellants and State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad, and others.

...Respondents

Counsel for the appellants:

Mr. B. Devadas Counsel for the respondent Nos.1 to 5: Mr. Srikanth Reddy, GP for Home The Court made the following:

HCJ & AAR, J W.A. No.714 of 2019 Dt: 28.08.2019 JUDGMENT: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellants have challenged the legality of the order dated 20.08.2019, passed by the learned Single Judge in W.P.No.16902 of 2019, whereby they have sought to quash F.I.R.No.315 of 2019 registered at Shameerpet Police Station, Cyberabad.

By the impugned order, the learned Single Judge has issued notice to the respondents. However, the learned Single Judge has not granted any interim relief in favour of the appellants. Hence, this appeal before this Court.

The learned counsel for the State has relied on the case of Ram Kishan Fauji v. State of Haryana1 in order to plead that a Letters Patent Appeal is not maintainable against an order passed by the learned Single Judge in exercise of his criminal jurisdiction. Since the present impugned order has been passed by the learned Single Judge in exercise of her criminal jurisdiction, the appeal is not maintainable. Therefore, it is, hereby, dismissed. There shall be no order as to costs.

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

________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (A. ABHISHEK REDDY, J) Date: 28.08.2019 va 1 (2017) 5 SCC 533