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2025 DAILYLAW 19514 (AP)

KANTA RAMA RAO, v. THE STATE OF AP REP BY ITS PP HYD., & 3 OTHERS,

CRLRC/1662/2009 · 2025-08-05

T Mallikarjuna Rao

body2025

Judgment text

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APHC010273502009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1662/2009 Between: 1. KANTA RAMA RAO,, S/O LATE SURYANARAYANA, ASST. YARD MASTER, EAST COAST RAILWAY, R/O Q.NO.28/A, DBK QUARTERS, JAIL ROAD, ...PETITIONER AND 1. THE STATE OF AP REP BY ITS PP HYD 3 OTHERS, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT HYDERABAD. 2. SMT KANTA MARY, W/O RAMA RAO, R/O AT D.NO. 12/417 ANNANAGAR, THOTAGARUVU, ARILOVA, 3. KANTA MICHEL, S/O RAMA RAO, BEING MINORS & REP. BY ITS NATURAL GUARDIAN & MOTHER SMT. SMT. KANTA MARY, R/O AT D.NO. 12/417 ANNANAGAR, THOTAGARUVU, ARILOVA, 4. KANTA NAVEEN, S/O RAMA RAO, BEING MINORS & REP. BY ITS NATURAL GUARDIAN & MOTHER SMT. SMT. KANTA MARY, R/O AT D.NO. 12/417 ANNANAGAR, THOTAGARUVU, ARILOVA, ...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 present this Memorandum of Crl.R.C., against the Judgment dt. 15-5-2009 made in MC.No. 213 of 2005 on the file of the Court of the Judge, Family Court, Visakhapatnam. 2 IA NO: 1 OF 2009(CRLRCMP 2289 OF 2009 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 10 days in filing the above revision against the ordert dt.15.5.2009 made in M.C.No. 213/2005 in O.P.NO. 2632/2005 on the file of the Family Court, Visakhapatnam IA NO: 2 OF 2009(CRLRCMP 2294 OF 2009 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 grant stay of all further proceedings in MC.No.213 of 2005 in OP.No.632 of 2005 on the file of the Court of the Hon'ble Judge, Family Court, Visakhapatnam District, pending disposal of the above Crl.R.C., in the interests of justice. IA NO: 1 OF 2010(CRLRCMP 27 OF 2010 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 Counsel for the Petitioner: 1. A JAGANNADHA RAO Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. P V L BHANU PRAKASH The Court made the following: O R D E R 1. This Criminal Revision Case has been filed by the petitioner/respondent under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, „the Cr.P.C.‟) against the Order dated 15.05.2009 passed in M.C.No.213 of 2005 on the file of Judge, Additional Family Court, Visakhapatnam (for short, „the trial Court‟), whereby the petition is allowed granting maintenance of Rs.1000/- each to the petitioners therein. 3 2. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that despite his best efforts he could not contact with the petitioner. Even otherwise, this Court has called for the report of the Secretary, District Legal Services Authority, Visakhapatnam with a direction to record the statements of both the petitioner and the respondents. A report submitted by the Secretary, DLSA, indicates that notice of the petitioner was returned by Central Nazarath with an endorsement “no such person in the given address” and the notice of Respondent was returned by the Station House Officer, with the same endorsement. As such, despite the best efforts made by this Court through the DLSA, Visakhapatnam, notices could not be served on to the petitioner as well as the respondent. It seems that they have no interest to proceed with the case. 3. In view of the above, the Criminal Revision Case is dismissed for non prosecution. Interim orders granted earlier, if any, shall stand vacated. Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 06.08.2025 MS 4 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.1662 of 2009 Date: 06.08.2025 MS