Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 4453 (AP)

Kunuku Hymavathi v. The state of Andhra Pradesh

CRLRC/76/2025 · 2025-04-29

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 76/2025 ORDER: The Criminal Revision Cases, under Sections 438 and 442 of Bharatiya Nagrik Suraksha Sanhita (BNSS) is filed on behalf of the accused/petitioner, seeking to set aside the order dated 16.01.2025 in Crl.M.P.(SR) No.616 of 2025 in C.C.No.26 of 2022 on the file of the II Additional Civil Judge (Junior Division), Bhimavaram. The petitioner seeks permission to depose evidence in the case in the interest of justice. 2. The petitioner had filed a petition vide Crl.M.P.SR.No.616 of 2025 under Section 315 of Cr.P.C. before the Trial Court. However, the Trial Court returned the petition, raising doubts about its maintainability. 3. Learned counsel for the petitioner contends that the revision petitioner had filed the application, which was returned by the learned Magistrate with certain objections. It seems that, without representing the petition before the concerned Court, the petitioner directly approached this Court by filing the present revision. 2 4. The learned counsel for respondent No. 2 submits that the present revision case is not maintainable. 5. I have heard both sides and perused the material on record. 6. Since no order has been passed by the Trial Court regarding the maintainability of the petition, this Court is inclined to direct the petitioner to represent the petition before the Trial Court. Upon such representation, the Trial Court shall pass appropriate orders after affording an opportunity of hearing to the petitioner. If the petitioner is aggrieved by the order so passed, he is at liberty to challenge it before the appropriate Forum in accordance with law. 7. In view of the above, the Criminal Revision Case is disposed of with a direction to the revision petitioner to resubmit the petition before the Trial Court. Upon such resubmission, the Court below shall pass appropriate orders after hearing the petitioner. Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 29.04.2025 S D P 3 THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.76 OF 2025 Date: 29.04.2025 S D P