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2025 DAILYLAW 50342 (AP)

K .V V SATYANARAYANA v. K.VENKAYYA

CRLRC/489/2019 · 2025-12-19

Y Lakshmana Rao

Original Suitbody2025

Judgment text

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APHC010134972019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 489/2019 Between: K .V V SATYANARAYANA, S/O. LATE APPA RAO, AGED 43 YEARS, YADAVOLU VILLAGE, DEVARAPALLI MANDAL, W.G. DISTRICT. ...PETITIONER AND 1.K VENKAYYA, S/O. PATIYYA, HINDU, MALE, AGED 61 YEARS, D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, DEVARAPALLI MANDAL, 2.KOLLI SETHAMMA, W/O. VENKAYYA @ CHINA VENKAYYA, HINDU, FEMALE, AGED 57 YEARS,. D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, DEVARAPALLI MANDAL, W.G.DIST.. 3.KOLLI CHANDRA RAO CHANDRAIAH, S/O. VENKAYYA CHINA VENKAYYA, HINDU, MALE, AGED 28 YEARS, D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, DEVARAPALLI MANDAL, W.G.DIST. 4.KOLLI SUNITHA, W/O. CHANDRA RAO @ CHANDRAIAH, HINDU, FEMALE, AGED 23 YEARS, D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, DEVARAPALLI MANDAL, W.G.DIST. 5.KOLLI LAZAR, S/O. VENKAYYA @ CHINA VENKAYYA, HINDU, MALE, AGED 25 YEARS, D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, DEVARAPALLI MANDAL, W.G.DIST. 6.KOLLIPADMA, W/O. LAZAR, HINDU, FEMALE, AGED 23 YEARS, D.NO.6-62, RANGAPURAMPET, YADAVOLE VILLAGE, 2 Crl.R.C.No.489 of 2019 DEVARAPALLI MANDAL, W.G.DIST. 7.THE STATE OF AP, REP. BY ITS P.P, HIGH COURT OF AP, AMARAVATHI ...RESPONDENT(S): Counsel for the Petitioner: 1.SUBRAHMANYAM KURELLA Counsel for the Respondent(S): 1.MANGENA SREE RAMA RAO 2.PUBLIC PROSECUTOR (AP) 3 Crl.R.C.No.489 of 2019 The Court made the following: ORDER: The Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) challenging the order of dismissal passed in Crl.M.P.No.876 of 2018 in Crl.R.P. No.S.R.No.5644 of 2018 whereby and where under an application filed under Section 127 of Criminal Rules of Practice to condone the delay of 251 days in preferring an appeal by the petitioner/ P.W.1/defacto complainant. 2. The defacto complainant preferred the appeal challenging the acquittal of unofficial respondents for the offences punishable under Sections 447, 427 and 506 read with 34 of the IPC. There was a delay of 251 days in preferring the appeal. 3. Heard both the learned Counsel for the petitioner and the learned Assistant Public Prosecutor. 4. Thoughtful consideration is bestowed on the arguments advanced by the learned Assistant Public Prosecutor and the learned Counsel for both sides. I have perused the entire record. 5. The learned 1st Revision Court observed that the delay was not properly explained. Even though it was mentioned that the petitioner was suffering from jaundice and he could not approach the advocate for filing the revision case, no document to that effect has been filed. At least a certificate issued by the Civil Assistant Surgeon to that effect was not filed. It was baldly alleged that the petitioner was suffering from jaundice without filing and proving how the delay occurred. The cause was not sufficiently shown. The delay of 251 days cannot lightly be condoned. 4 Crl.R.C.No.489 of 2019 6. Hence, the Criminal Revision Case is dismissed as not maintainable. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 20.12.2025 SAB / JLSR 5 Crl.R.C.No.489 of 2019 144 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE.No.489 of 2019 Date:20.12.2025 SAB / JLSR