THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9669 OF 2023

ORDER:

This writ petition is filed seeking following relief:

“……to issue a Writ Order or direction more particularly one in the nature of writ of Mandamus or any other writ or order declaring the impugned order passed by Special JFCM Excise cum V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge Cyberabad at L B Nagar in Crl. M. P. No. 8 of 2023 in CC SR No. 3477 of 2022 dated 24/2/2023 is arbitrary, illegal and being violative of Article 14 21 of Indian Constitution and law laid down by Honorable Supreme Court of India in case of 1) Criminal Appeal No 742 of 2020 Arising out of SLP (Crl) No. 5598 of 2020 Arnab Manoranjan Goswami …Appellant Versus The State of Maharashtra and Others …..Respondents, on 27/11/2020 2) Chief Information Commr and Anr vs State Of Manipur and Anr on 12 December, 2011 3) Maharashtra State financial Corporation vs Jaycee Drugs and Pharmaceuticals Pvt. Ltd (1991) 2 SCC 637) 4) Appeal (crl.) 411 of 2002 in case of Upkar Singh Vs Ved Prakash and Others 5) ANITA KUSHWAHA Vs PUSHAP SUDAN 6) Honourable High court of Madras in case of R K Selvarajan Chettiar alias vs S Murugavel on 22 October 2002 7) WRIT PETITION CRIMINAL NO 103 OF 2009 JULY 14 2022 in case of HIMANSHU KUMAR AND OTHERS versus STATE OF CHHATTISGARH AND OTHERS 8) CIVIL APPEAL No 34 OF 2008 in case of Director Studies and Others Vs Vaibhav Singh Chauhan on 4/11/2008 9) Miscellaneous Application No 2034/2022 in MA 1849/2021 in SLP (Crl) No. 5191/2021 SATENDER KUMAR ANTIL Petitioners VERSUS CENTRAL BUREAU OF INVESTIGATION and ANR Respondents 10) M/s Neeharika Infrastructure vs the State of Maharastra dated 13.4.2021 11) Hon’ble High court of A P in case of G Jay Rao vs State Of A P Rep By Authorizedon 21 February 2003 and 12) C R P No. 1209 of 2020 and consequently direct the Spl. JFCM Excise cum V Addl Metropolitan Magistrate cum V Addl Junior Civil Judge Cyberabad at L B Nagar to strictly follow the laid down by Honourable Supreme Court of India in case of 1 Criminal Appeal No 742 of 2020 Arising out of SLP (Crl) No 5598 of 2020 Arnab Manoranjan Goswami Appellant Versus The State of Maharashtra and Ors Respondents on 27/11/2020 2 Chief Information Commr and Anr vs State Of Manipur and Anr on 12 December 2011 3 Maharashtra State financial Corporation vs Jaycee Drugs and Pharmaceuticals Pvt. Ltd 1991 2 SCC 637 4 Appeal (crl) 411 of 2002 in case of Upkar Singh Vs Ved Prakash and Ors 5 ANITA KUSHWAHA Vs PUSHAP SUDAN 6 Honble High court of Madras in case of R K Selvarajan Chettiar aloas vs S Murugavel on 22 October 2002 7 WRIT PETITION CRIMINAL NO 103 OF 2009 JULY 14 2022 in case of HIMANSHU KUMAR AND OTHERS versus STATE OF CHHATTISGARH AND OTHERS 8 CIVIL APPEAL No 34 OF 2008 in case of Director Studies and Others Vs Vaibhav Singh Chauhan on 4/11/2008 9 Miscellaneous Application No. 2034/2022 in MA

1849/2021 in SLP (Crl) No. 5191/2021 SATENDER KUMAR ANTIL Petitioners VERSUS CENTRAL BUREAU OF INVESTIGATION and ANR Respondents 10 M/s Neeharika Infrastructure vs the State of Maharastra dated 1342021 11 Hon’ble High court of A P in case of G Jay Rao vs State Of A P Rep By Authorized on 21 February 2003 and 12 C R P No. 1209 of 2020 in adjudicating CCSR No. 1567 of

2023 dated 25/3/2023……”

2. This writ petition is filed questioning the orders passed in Crl.M.P.No.8 of 2023 in C.C.(SR) No.3477 of 2022, dated 24.02.2023, wherein the petition filed under Section 311 of Cr.P.C. has been dismissed.

3. A perusal of the record would show that the petitioner filed a petition under Section 311 of Cr.P.C along with another petition under Section 190 of Cr.P.C. to take cognizance against the accused and punish them under Sections 120(b), 177, 182, 211, 417, 500 and 501 read with 34 of IPC and the same was dismissed by this Court. The petitioner instead of questioning the said orders by way of revision under Section 397 of Cr.P.C has filed this writ petition under Article 226