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2025 DAILYLAW 16106 (AP)

BANAVATH KOTESWAR RAO, KRISHNA DT., v. STATE OF AP., REP PP AND 2 OTRS.,

CRLRC/1088/2015 · 2025-09-16

T Mallikarjuna Rao

body2025

Judgment text

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APHC010210162015 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION Between: 1. BANAVATH KOTESWAR RAO, KRISHNA DT.,, R/O. D.NO.77 SINGH NAGAR, VIJAYAWADA ANDHRAPRADESH. 1. STATE OF AP REP PP AND 2 OTRS, REPT: BY THE PUBLIC PROSECUTOR, HIGH COURT, 2. BANAVATHU SARADA W/O KOTESWARA RAO, HOUSEWIFE, C/O. D.LAKAVATHU RAMU, R/O. KOTHURU TADEPALLY VILLAGE, VIJAYAWADA RURAL, KRISHNA DISTRICT, ANDHRA PRADESH. 3. BANAVATHY AKSHAY S/O KOTESWARA RAO, AGED 7 YEARS, BEING MINOR REP: BY HIS N 2ND RESPONDENTHEREIN. Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto Order dated 07.11.2014, passed in MC.No.43 of 2010, on the file of the Family Court - cum - IV Additional District and Sessions Judge's Court at Vijayawada, Krishna District, Andhra Pradesh, as illegal, arbitrary. IA NO: 1 OF 2015(CRLRCMP IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1088 OF 2015 BANAVATH KOTESWAR RAO, KRISHNA DT.,, R/O. D.NO.77 SINGH NAGAR, VIJAYAWADA - 15, KRISHNA DISTRICT, ...PETITIONER AND STATE OF AP REP PP AND 2 OTRS, REPT: BY THE PUBLIC PROSECUTOR, HIGH COURT, AT HYDERABAD. BANAVATHU SARADA W/O KOTESWARA RAO, HOUSEWIFE, C/O. D.LAKAVATHU RAMU, R/O. KOTHURU TADEPALLY VILLAGE, VIJAYAWADA RURAL, KRISHNA DISTRICT, ANDHRA PRADESH. BANAVATHY AKSHAY S/O KOTESWARA RAO, AGED 7 YEARS, BEING MINOR REP: BY HIS NATURAL GUARDIAN AND MOTHER 2ND RESPONDENTHEREIN. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto Set Order dated 07.11.2014, passed in MC.No.43 of 2010, on the file of the IV Additional District and Sessions Judge's Court at Vijayawada, Krishna District, Andhra Pradesh, as illegal, arbitrary. IA NO: 1 OF 2015(CRLRCMP 607 OF 2015 IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE SEVENTEENTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO BANAVATH KOTESWAR RAO, KRISHNA DT.,, R/O. D.NO.77-14-117, 15, KRISHNA DISTRICT, ...PETITIONER STATE OF AP REP PP AND 2 OTRS, REPT: BY THE PUBLIC BANAVATHU SARADA W/O KOTESWARA RAO, HOUSEWIFE, C/O. D.LAKAVATHU RAMU, R/O. KOTHURU TADEPALLY VILLAGE, VIJAYAWADA RURAL, KRISHNA DISTRICT, ANDHRA PRADESH. BANAVATHY AKSHAY S/O KOTESWARA RAO, AGED 7 YEARS, ATURAL GUARDIAN AND MOTHER ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Set-aside the Order dated 07.11.2014, passed in MC.No.43 of 2010, on the file of the IV Additional District and Sessions Judge's Court at 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 condone the delay of (39 ) days in representing the above Crl.Rc.(Sr)No. 333/2015 and be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 2 OF 2015(CRLRCMP 1739 OF 2015 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 pleased to stay all further proceedings in pursuance of the order passed dated 07.11.2014 passed in Mc No.43 of 2010 on the file fo the Family Court - cum- IV Additional District and Sessions Judge's Court at Vijayawada, Krishna District, Andhra Pradesh, pending disposals of the above Crl.R.C. and pass Counsel for the Petitioner: 1. RAJANIKANTH JWALA Counsel for the Respondent(S): 1. VEPAMANI YASHODA 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER:- This Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C. aggrieved by the order dated 07.11.2014 passed by the Family Court- cum-learned IV Additional District & Sessions Judge’s Court at Vijayawada, Krishna District, in M.C.No.43 of 2010. 2. Heard. Perused the record. 3. Sri K.Sandeep, learned Assistant Public Prosecutor, submitted report regarding execution of Bailable Warrant issued against the petitioner. 4. A perusal of the record goes to show that death certificate of the 2nd respondent is not filed. Legal Representatives of the 2nd respondent is also not impleaded. Despite execution of Bailable Warrant, petitioner has not been showing interest to proceed with the matter or to implead the legal representatives of the 2nd respondent. Since the petitioner has not been showing interest to prosecute the case, this Court is inclined to dismiss the Criminal Revision Petition for default. 5. In the result, the Criminal Revision Case is dismissed for default. Miscellaneous petitions, if any pending, in the Criminal Revision Case, shall stand closed. _____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 17.9.2025 TJN 192 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1088 OF 2015 Dated: 17.9.2025 TJN HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI MAIN CASE No.: Crl.R.C.NO: 1088 OF 2015 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 17.9.2025 TMR, J The Criminal Revision Case is dismissed for default. (Vide Separate Order) ______ TMR, J TJN