APHC010255942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12488/2025 Between: 1. NEETHIPUDI ASHOK KUMAR, S/O LATE VENKATA NARASAIAH, AGED 45 YEARS, RESIDENT OF D.NO.45-4-6/4, LOCKPETA, LUTHERN CHURCH, 21ST WARD, PALAKOLLU, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS ADDL. PUBLIC PROSECUTOR, A.P. HIGH COURT, AMARAVATHI. 2. NEETIPUDI LAKSHMI PRABHA, W/O ASHOK KUMAR, AGED 44 YEARS, RESIDENT OF D.NO.5-26, NEAR CHURCH PEDDIPALEM, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in M.C.No.27 of 2022 on the file of I Addl. Judicial Magistrate of 1st Class: at Bhimavaram and pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to condone the delay of 197 days in representing the instant Petition bearing Sr. No. 6659, dated 16.06.2025 and pass 2 IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the original certified copy of MC.No.27 of 2022, dated on the file of Addl. Judicial Magistrate of 1st Class: at Bhimavaram before this Hon'ble Court and pass IA NO: 3 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased stay of all further proceedings in M.C.No.27 of 2022 on the file of I Addl. Judicial Magistrate of 1st Class: at Bhimavaram and pass Counsel for the Petitioner/accused: 1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12488/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 8Cr.P.C9)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioner/Accused, seeking quashment of the Order passed by the learned I Additional Judicial Magistrate of First Class, Bhimavaram in M.C.No.27 of 2022. 2. Heard Sri Cheekatla Gowri Shankar, learned counsel for the Petitioner, and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the Court has no jurisdiction to entertain M.C.No.27 of 2022 on the point of territorial jurisdiction. Learned counsel would further submit that earlier the petitioner had filed M.C.No.25 of 2016, which was dismissed. He would also submit that the petitioner and her husband have obtained divorce, and thereafter she filed maintenance case seeking maintenance under Section 125 of the Cr.P.C. 4. Having heard the submissions and upon perusal of the material on record, this Court finds that the issue of jurisdiction raised in the present petition is a mixed question of fact and law, which cannot be adjudicated in exercise of inherent jurisdiction without conducting an enquiry. 4 5. With regard to the second contention, the record reveals that the earlier maintenance case was dismissed for non-prosecution. There is no legal bar preventing the wife from initiating fresh proceedings for maintenance. In that view, the petition is liable to be dismissed. 6. In the result, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12488/2025 Dated.03.12.2025 SNI 339