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2025 DAILYLAW 38742 (AP)

MANCHALA PRASAD v. MUNAGALA MALLIKHARJUNA RAO AND ANOTHER

CRLRC/1159/2014 · 2025-09-14

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010761782014 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: 1159/2014 Between: 1. MANCHALA PRASAD, - ...PETITIONER AND 1. MUNAGALA MALLIKHARJUNA RAO AND ANOTHER, - ...RESPONDENT 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 torespectfuolly submitted that the trial court by its order dated 16.05.2014 in Crl.MP.No.56/2013 in CC.No.64/2012 on the file of the Principal Junior Civil Judge, Kavali where under petitionier / Accused petition dismissed. The petitioner filed petition under section 45 of Indian Evidence Act praying to sent the disputed cheque, bearing No. 648595 dated20.06.2009 for Rs. 2,50,000/- which was marked as Ex. P1 in CC.No.64/2012 to the handwriting expert cum finger print bureau attached to the crime branch, red hills, Hyderabad for comparing the signature on the cheque with admitted signatures of the petitioner IA NO: 1 OF 2014(CRLRCMP 1810 OF 2014 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 stay all further proceedings in CC.No.64/2012 on the file of the Principal 2 Junior Civil Judge, Kavali, SPSR Nellore District, pending disposal of the above Revision IA NO: 1 OF 2015(CRLRCMP 2702 OF 2015 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 extend the interim orders dated 11.11.2014 granted earlier in Crl.RC.No.1159/2014 Counsel for the Petitioner: 1. K S GOPALA KRISHNAN 2. V NARAYANA REDDY Counsel for the Respondent: 1. PAVANI SIVA KUMAR 2. PUBLIC PROSECUTOR (AP) 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 petitioner/accused challenging the order dated 16.05.2014 passed in Crl.M.P.No.56 of 2013 in Calendar Case No.64 of 2012 on the file of the Principal Junior Civil Judge, Kavali (for short, ‘the Trial Court’). By the said order, the Trial Court dismissed the petition filed under section 45 of Indian Evidence Act seeking to send Ex.P1 cheque to a hand writing expert for comparison with the admitted signatures of accused. 2. When the matter was taken up for hearing, none appeared on behalf of the petitioner / accused. 3. Sri K. Sandeep, learned Assistant Public Prosecutor representing the 2nd respondent / State, contends that as per E-courts report, Calendar Case No.64 of 2012, wherein the order dated 16.05.2014 in Crl.M.P.No.56 of 2013 was passed, was finally disposed before the Trial Court on 22.10.2018. He further contends that, in view of the dismissal of the main case, the present 3 Criminal Revision directed against the said interlocutory order no longer survives for independent adjudication and has, therefore, become infructuous. 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.1159 of 2014 Date: 15.09.2025 S A K 171