APHC010151052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7984/2025 Between: Shaikshafi Ahmed ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7984/2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos. 1, 3 and 4 and learned Assistant Government Pleader for Home for respondent Nos. 2 and 5. 2. The present writ petition has been filed assailing the proceedings dated 08.03.2025 initiated under Section 164 of BNSS (145 Cr.P.C) by the learned Executive Magistrate and Tahsildar, Nellore Rural Mandal. 3. This Writ Petition can be decided on the ground of its maintainability. It is now well settled law that an order passed under Section 164 of BNSS (145 Cr.P.C) or the proceedings initiated under Section 164 of BNSS (145 Cr.P.C) are amenable to revisional jurisdiction under Section 438 of BNSS (397(1) Cr.P.C). Any proceedings that are initiated or order passed under Section 164 of BNSS (145 Cr.P.C) cannot be construed as an interlocutory order so as to attract the bar under Section 438 of BNSS (397(1) Cr.P.C). Therefore, when the proceedings initiated under Section 164 of BNSS (145 Cr.P.C), which are being challenged in this Writ Petition, are amenable to revisional jurisdiction under Section 438 of BNSS (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 438 of BNSS (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 164 of BNSS (145 Cr.P.C) are amenable to revisional jurisdiction under Section 438 of BNSS (397(1) Cr.P.C). 4. Therefore, this Writ Petition is dismissed as not maintainable. However, the petitioner is at liberty to avail the remedy of revision Section 438 of BNSS (397(1) Cr.P.C) to challenge the impugned order/proceedings. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 28.03.2025 BSP 18 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7984 of 2025 28.03.2025 BSP