APHC010318242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No.691 of 2025 Revision filed under Sections 438 & 442 of BNSS, aggrieved by the order dated 27.05.2025 passed in Crl.M.P.No.79 of 2025 in CACFR No.285 of 2025 on the file of the Hon’ble Principal District and Sessions Judge, Ongole, Prakasam District. Between: Veluri Sudhakar, S/o. Late Nageswara Rao, age 44 years, R/o. D.No.7- 3-13, Lawyerpet, Ongole. ... Appellant/Petitioner AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 1. 2. Veluri Sailaja, W/o. Sudhakar, age 38 years, R/o. Dr.No.24-1-8, Ayyappa Nilayam, 0pp. District Court, Ongole, Prakasam District. 3. Veluri Prabhavathi, W/o. Late Nageswara Rao, age 68 years, R/o. Laywerpet, Ongole. (Respondent No.3 is not necessary party) ...Respondents/ Respondents lA NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dated 25.11.2024 in CrI.M.P. No.4826 of 2016 in DVC.No.3 of 2016 on the file of II Additional Judicial Magistrate of I Class, Ongole. Counsel for the Petitioner : Sri Venkateswarlu Sanisetty Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following order: APHC010318242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINALREVISION CASE NO: 691/2025 Between: VELURI SUDHAKAR, , S/0. LATE NAGESWARA RAO, AGE 44 YEARS. R/0. D.NO.7-3-13, LAWYERPET, ONGOLE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.VELURI SAILAJA, W/0. SUDHAKAR, AGE 38 YEARS R/0. DR.N0.24- 1-8. AYYAPPA NILAYAM, OPR DISTRICT COURT, ONGOLE, PRAKASAM DISTRICT. 3.VELURI PRABHAVATHI, . W/0. LATE NAGESWARA RAO AGE 68 YEARS R/0. LAYWERPET, ONGOLE. RESPONDENT N0.3 IS NOT NECESSARY PARTY. ...RESPONDENT(S): Counsel for the Petitioner: 1.VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 Order: The Criminal Revision Case has been preferred under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS.,’) [old Sections 397 and 401 of Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)] challenging the order dated 11.02.2025 in CrI.M.P.No.79/2005 in CA CFR No.285 passed by the learned Principal District and Sessions Judge, Prakasam at Ongole, whereby and whereunder the learned Sessions Judge, dismissed the application field by the Petitioner under Section 5 of the Limitation Act, 1963 (for brevity ‘the Act.,’) seeking to condone the delay of 43 days in preferring the petition. Notices on respondent No.2 and 3 are served. No representation behalf of Respondent Nos.2 and 3. The learned II Additional Judicial Magistrate of First Class, Ongole granted an amount of Rs.2,000/- per month to the Respondent No.1 towards interim monthly maintenance under Section 12 of the Domestic Violence Act, 2005.-Respondent No.3 is the mother of Petitioner, who was made a formal party. There is a delay of 43 days in filing the application under Section 5 of However, the learned Sessions Court while dismissing the application observed that the Petitioner was well aware about the passing of the interim order, stating that on several occasions he had come to the Court, and he did not choose to file an application under Section 5 of ‘the Act.’ 2. on 3. Ithe Act. 1 3 Be that as it may, if an amount is ordered to be paid towards costs for condoning the delay in filing an application under Section 5 of ‘the Act.,’ to the Respondent No.2/wife, the ends of justice would be sub-served. 4. In the result, the Criminal Revision Case is allowed, setting aside the 5. order dated 11.02.2025 in Crl.M.P.No.79/2005 in CA CFR No.285 passed by the learned Principal District and Sessions Judge, Prakasam at Ongole, subject to the petitioner paying an amount of Rs.2,000/-, before the learned Principal District and Sessions Judge, Prakasam at Ongole, to the Respondent No.2 within 15 days from the date of passing of this order. No order as to As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR t //TRUE COPY// SECTION OFFICER To 1. The Principal District and Sessions Judge, Ongole, Prakasam District, (by RPAD) 2. The II Additional Judicial Magistrate of First Class, Ongole, Prakasam District, (by RPAD) 3. Two CCs to the Public Prosecutor, Fligh Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri Venkateswarlu Sanisetty, Advocate [OPUC] 5. Two CD Copies TK vna HIGH COURT DATED;15/07/2025 ORDER ^TOfANOS^^ i rs iUL 2025 ° CRLRC No.691 of 2025 ^ . Current Section , ALLOWING THE CRIMINAL REVISION CASE