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2025 DAILYLAW 4023 (AP)

CHITURI RAJYALAKSHMI v. TUMMALA SRINIVASA RAO AND ANOTHER

CRLRC/1862/2010 · 2025-07-30

T Mallikarjuna Rao

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Judgment text

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APHC010027122010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1862/2010 Between: 1. CHITURI RAJYALAKSHMI, W/O. NAGABHUSHANAM EMPLOYEE, STATE BANK OF INDIA, LABIPET BRANCH, VIJAYAWADA - 10 ...PETITIONER AND 1. TUMMALA SRINIVASA RAO AND ANOTHER, S/O. LATE RAM MOHAN RAO, H.NO. 13, MARUTHY COLONY, PATAMATA, VIJAYAWADA. 2. THE STATE OF A P, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HYDERABAD. ...RESPONDENT(S): 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 toto call for the records of Order dated 27.09.2010 in Crl.MP.No. 3836/2010 in CC.No. 964/2009 on the file of the court of the IV Additional Chief Metropolitan Magistrate at Vijayawada and set aside the same IA NO: 1 OF 2010(CRLRCMP 2741 OF 2010 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 IA NO: 2 OF 2010(CRLRCMP 2751 OF 2010 2 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 grant stay of all further proceedings in CC.no. 964/2009 on the file of the court of the Iv Additional Chief Metropolitan Magistrate at Vijayawada pending disposal of the above Revision Case Counsel for the Petitioner: 1. NARASIMHA RAO M R L Counsel for the Respondent(S): 1. The Court made the following: O R D E R 1. This Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the Order dated 27.09.2010 passed in Crl.M.P.No.3836 of 2010 in C.C.No.964 of 2009 on the file of learned IV Additional Chief Metropolitan Magistrate at Vijayawada (for short, ‘the trial Court’), wherein the petitioner/accused filed a petition under Section 45 of the Indian Evidence Act and is dismissed. 2. Heard and perused the record submitted by the trial Court. 3. This Court had called for a status report in C.C. No. 964 of 2009 from the Trial Court. In response, the learned IV Additional Chief Metropolitan Magistrate, Vijayawada, submitted the status report. As per the daily status report, it is stated that C.C. No. 964 of 2009 was disposed of on 15.05.2012, as the complainant had withdrawn the case. 4. A perusal of the record, it is evident that the present revision has been preferred by the petitioner/accused challenging the order passed in Crl.M.P. No. 3836 of 2010 in C.C. No. 964 of 2009, whereby the Trial Court dismissed the petition filed under Section 45 of the Indian Evidence Act. 3 5. In view of the disposal of the main C.C.No.964 of 2009 on 15.05.2012 as the cause does not survive for adjudication and the matter would become infructuous. 6. Accordingly, the Criminal Revision Case is dismissed as infructuous. Miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 31.07.2025 MS 4 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.1862 of 2010 Date: 31.07.2025 MS