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2025 DAILYLAW 28355 (AP)

KOMMISETTI ANJI BABU & 2 OTHERS v. STATE & ANOTHER

CRLRC/1895/2014 · 2025-09-14

T Mallikarjuna Rao

body2025

Judgment text

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1 APHC010403452014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1895/2014 Between: 1. KOMMISETTI ANJI BABU & 2 OTHERS, S/O NAGESWARA RAO @ NAGAIAH, AGED ABOUT 24 YEARS, KAPU, OPPOSITE PANCHAYAT OFFICE, YEDITHA (V), MANDAPETA MANDAL, (A-1) EAST GODAVARI DISTRICT. 2. KOMMISETTI NAGESWARA RAO @ NAGAIAH, AGED ABOUT 44 YEARS, KAPU, OPPOSITE PANCHAYAT OFFICE, YEDITHA (V), MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 3. KOMMISETTI LAKSHMI @ GUBBALA LAKSHMI, W/O NAGESWARA RAO, AGED ABOUT 43 YEARS, KAPU, OPPOSITE PANCHAYAT OFFICE, YEDITHA (V), MANDAPETA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. STATE ANOTHER, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH, HYDERABAD. 2. THE SUBINSPECTOR OF POLICE, MANDAPETA RURAL POLICE STATION, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to pass an Order by allowing present 2 Criminal Revision Case by setting aside the impugned Order dt.3.9.2014 in CrI.M.P.No.2355/2014 in C.C.No.164/2011 passed by the Trial Court- Additional Judicial First Class Magistrate, Alamuru, East Godavari District and consequently recall the non bailable warrant dt.23.6.2014 pending against the petitioners 1 to 3 herein issued by the above mentioned Trial court - Additional Judicial First Class Magistrate, Alamuru, East Godavari District in C.C.No.164 of 2011 in the interests of justice Counsel for the Petitioner(S): 1. CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following ORDER: 1. The present Criminal Revision Case, filed under Section 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is preferred on behalf of the petitioners/A.1 to A.3 challenging the order dated 03.09.2014 passed in Crl.M.P.No.2355 of 2014 in Calendar Case No.164 of 2011 on the file of the learned Additional Judicial First Class Magistrate, Alamuru, East Godavari District (for short, ‘the Trial Court’). By the said order, the Trial Court dismissed the petition filed by A.1 to A.3 seeking recall of their Non-Bailable Warrants (NBWs). 2. When the matter was taken up for hearing, none appeared on behalf of the petitioners / A.1 to A.3. 3. Sri K. Sandeep, learned Assistant Public Prosecutor representing the 2nd respondent / State, contends that Calendar Case No.164 of 2011, in which the order dated 03.09.2014 in Crl.M.P.No.2355 of 2014 was passed, was finally disposed by the Trial Court on 18.01.2014. He further contends that, in view of the dismissal of the main case, the present Criminal Revision directed against the said interlocutory order no longer survives for independent adjudication and has, therefore, become infructuous. 3 4. This Court, upon a careful consideration of the submission advanced by the learned Assistant Public Prosecutor and having regard to the fact that the very Calendar Case in which the impugned order was passed already stands disposed, is of the considered view that nothing further remains for determination in the present Revision Case. Since the main case has been concluded and has attained finality, any challenge to an interlocutory order passed therein has lost its relevance, and adjudicating the present Criminal Revision Case would serve no useful purpose. 5. Accordingly, the Criminal Revision Case is dismissed as infructuous. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. _______________________ T. MALLIKARJUNA RAO, J Date: 15.09.2025 S A K 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Criminal Revision Case No.1895 of 2014 Date: 15.09.2025 S A K 153