Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY THE NINTH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 223 OF 2025 Between: B. Junaid All Khan, s/o Jamshed All Khan, Aged about 29 years, Muslim, R/o. Kurnool City, Presently R/o. H No 12-2-720/17, Flat No. 404 Care Residency, Nanai Nagar, Hyderabad.. ...PETITIONER/ RESPONDENT AND
1. The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P., Amaravathi
2. B. Mariya Nageen, w/o Junaid Ali Khan, Aged about 23 years, Muslim R/o. H No 74, Vintage Greenfields, Sunkesula Road, Munagalapadu, Kurnool City, Kurnool District. 3. B Ayyad Ali Khan, S/o Junaid Ali Khan, 15 months minor, rep. by 1ST Respondent his mother as Natural Guardian, R/o. H No 74, Vintage Greenfields Sunkesula Road, Munagalapadu Kurnool City, Kurnool District. ...RESPONDENTS
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order dated 25.11.2024 in Crl.MP.^o. 99 of 2024 in MC. No. 11 of 2024 on the file of the Court of the Family Court - cum - IV Additional District Judge, Kurnool. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in MC. No. 11 of 2024 on the file of the Court of the Family Court - cum - IV Additional District Judge, Kurnool pending disposal of the main Criminal petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohammed Shafi Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent. The Court made the following Order;
3 made to the High Court. However, it also specifies that no second appeal is allowed under the provisions of the Civil Procedure Code. This emphasizes that the only recourse to challenge orders passed by Family Courts is through a revision or appeal to the High Court, and not by filing a criminal petition under Section 482 of the Criminal Procedure Code.
When there is a specific provision in the statute, this Court cannot exercise its power under Section 482 of the Cr.P.C. Considering the submissions made, this criminal petition is disposed of giving liberty to the petitioner to file a criminal revision case against the impugned order. 7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Family Court - cum - IV Additional District Judge, Kurnool District. 2. One CC to Sri. Mohammed Shafi Advocate [OPUC]
3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh [OUT]
4. Three CD Copies vna
HIGH COURT DATED :09/01/2025 ORDER CRLP.No.223 of 2025 DISPOSING OF THE CRLP