IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2078 OF 2024 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set-aside the Order dated 18.06.2024 passed in I.A.No.437 of 2023 in O.S.No.320 of 2015 on the file of the I Additional Civil Judge (Senior Division), Vijayawada to direct the trial Court to refer matter to Magistrate to take cognizance and initiate criminal proceedings against the respondents/plaintiffs 1 to 4 and the application under Section 340 read with Section 195 of Cr.P.C be taken into the consideration FIR to be registered against the respondents/plaintiffs in O.S.320 of 2015 under Sections 193, 196, 209, 420, 463, 464, 467, 468, 471,474 of IPC. Between: Nadakuditi Ratna Sri, W/o.Kokkilagadda Naga Rau, Hindu, aged 55 years, R/o.#61-7/11-4C/1, Balaji Nagar, Krishna Lanka,Vijayawada -13. ...Revision Petitioner/Defendant AND 1. Dasyam Swarna Latha, W/o.Yougananda Suri, aged 53 years. House Wife, Hindu, R/o.9-137, Avanigadda Village and Mandal, Krishna District. 2. Dasyam Trinadha Suri, S/o.Yougananda Suri, aged 36 years. Services Hindu, R/o.9-137, Avanigadda Village and Mandal, Krishna District. < Leela Venkata Suri„ S/o.Yougananda Suri, aged 34 years, R/o.9-137, Avanigadda Village and Mandal, Krishna 3. Dasyam Services, Hindu, District. ■.c- Bhanu Prakash Suri, S/o.Yougananda Suri, aged 32 years, R/o.9-137, Avanigadda Village and Mandal, Krishna 4 Dasyam Services, Hindu District. ...Respondents/Plaintiffs 5. Sudhabattula Murali Krishna, S/o.Surya Prakasa Rao, Hindu, aged 48 , R/0.41-1/14-346, Krishna Lanka, Vijayawada. 6. Jakkireddy Sanjeeva Reddy, S/o.Subba Reddy, Hindu, aged 44 years, R/0.41-2-53, Krishna Lanka, Vijayawada. 7. Potturi Venkata Raju, S/o.Bangaru Raju, Hindu, aged about 60 years. Plot No.7, Ramaswami Raju Nagara, Chillakallu, Jaggayya Pet, Krishna District. . Malineni Venkateswarlu, S/o.Kondaiah, Hindu, aged 58 years, R/o.18-6- 30, Kedareswara Pet, Vijayawada, Krishna District. Venketa Prasad, S/o.Venketa Prasad, Hindu, 57 years, R/o.#75-12- 48, Near Lorry Stand, Bhavani Puram, Vijayawada, (Late) Vanapala Rama Murty Raju, S/o.Late Basava Raju, Mutyalampadu, Near Satyanarayana Puram, Vijayawada. years 8 9. Gangavarapu 10. ...Respondents/Defendants (5 to 10 are not necessary parties) lA NO: 1 OF 2024 that in the filed under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Petition Court may be pleased to stay all further proceedings in O.S.No.320 of 2015 on the file of I Additional Civil Judge (Senior Division), Vijayawada. : Sri Devaram Srihari Counsel for the Petitioner Counsel for the Respondent Nos.1 to 4: None appeared The Court made the following: >4 COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE RAVI NATH TILHARI pfviriQN petition NO'- 2078/2024 APHC010398152024 IN THE HIGH [3299] l^0 THE HONOURABLE CIVIL Between: Nadakuditi Ratna Sri ...PETITIONER AND ...RESPONDENT(S) Dasyam Swarna Latha and Others Counsel for the Petitioner: 1.DEVARAM SRIHARI Counsel for the Respondent(S): ! 1. The Court made the following: yglti THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: ORDER: Heard Sri Devaram Srihari, learned counsel for the petitioner. As per the office report, respondent Nos.1 to 4 2. are served. 3. Memo of proof of service as also been filed submitting that the order dated 23.09.2024 permitting the petitioner to learned counsel for the respondent before Trial Court, he has been served. No representation for the respondent. 5. Being aggrieved from the order dated 18.06.2024 in I.A.No.437 of 2023 in OS.No.320 of 2015 on the file of I Additional Civil Judge (Senior Division), Vijayawada, the petitioner has filed this petition under Article Constitution of India. pursuant to serve the notice on 4. 227 of 6. The petitioner is the defendant in the said suit. He filed the said application under Section 340 R/w. 195 of Cr.P.C. to initiate the contempt proceedings against the plaintiffs in OS.No.320 of 2015. Those plaintiffs the present respondent Nos.1 to 4. The application has been dismissed learned Court of I Additional Civil Judge (Senior Division), Vijayawada 7. Section 341 of the Code of Criminal Procedure, 1973 (in short reads as under: are by the CrPC”) "341. Appeal- (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made by such Court, may appeai to the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former Court might have made under Section 340, and if it makes such complaint, the provisions of that section shali apply accordingly. (2) An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision. ” 8. In view of the Section 341 of CrPC., an order under Section 340 including refusing a complaint under sub-section (1) or sub-section (2) of Section 340 is appealable to the Court to which such former Court is subordinate. 9. In view of the statutory provision, this Court is not inclined to entertain this petition under Article 227 of Constitution of India. 10. The Civil Revision Petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER ) 1. The I Additional Civil Judge (Senior Division), Vijayawada, Krishna District. 2. One CC to Sri Devaram Srihari Advocate [OPUC] 3. Three CD Copies To BSV sree HIGH COURT DATED:10/01/2025 ORDER CRP.No.2078 of 2024 OF AN, * 0 ? MM 2025 s Currenl Sacllon DISMISSING THE C.R.P. WITHOUT COSTS