APHC010625182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1183/2023 Between: Pulugu Vijaya Simhareddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner(S): 1. BHANU PRASAD CHUKKAPALLI Counsel for the Respondent: 1. The Court made the following: ORDER: This Criminal Revision Case has been filed under Sections 397 and 401 of Criminal Procedure Code (for short ‘the Cr.P.C.’) seeking to challenge the Order dated 29.03.2023 passed in Crl.M.P.No.18 of 2023 in S.C.No.34 of 2021 on the file of Additional Assistant Sessions Judge, Ongole, dismissing the petition filed by petitioners/accused Nos.1 to 3 under Section 311 of Cr.P.C. to recall C.Ws.1 and 2 for cross-examination. 2 2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor. 3. The learned counsel for the petitioners submits that the criminal revision case is well maintainable as the substantial rights of the parties were affected by way of impugned order passed by the learned trial Court. 4. Be that as it may, the Hon’ble Apex Court, in Sethuraman vs. Rajamanickam 1, held that against interlocutory order, the revision is not maintainable. Even Section 397(2) of Cr.P.C. also says that against the interlocutory order, the revision is not maintainable. The facts of the Sethuraman’s case are similar to the facts of the present case. In Sethuraman’s case, Section 311 of Cr.P.C. petition was filed and it was disposed of and challenging that order, a revision was filed. The Hon’ble Apex Court held that the order passed on the application filed under Section 311 of Cr.P.C. is an interlocutory order, against which no revision would be maintainable under Section 397(2) of Cr.P.C. In view of the same, the present revision is not maintainable against the order passed by the trial Court dismissing the petition filed under Section 311 of Cr.P.C. to recall C.Ws.1 and 2 for cross-examination. 5. There are no merits in this criminal revision and the criminal revision case is, accordingly, dismissed. 1 ((2009) 5 SCC 153) 3 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.08.2025 S D P 4 211 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No.7829 of 2025 Date:05.08.2025 S D P