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2025 DAILYLAW 50955 (AP)

Gunji Venkataramanaiah, v. The State of Andhra Pradesh

CRLRC/2339/2015 · 2025-10-14

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010672572015 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE Between: 1. GUNJI VENKATARAMANAIAH, S/O GURAVIAH, AGED 40 YEARS, OCC: CAUSAL LABORER, MANABOLU VILLAGE, SPSR NELLORE DISTRICT. 1. THE STATE OF ANDHRA PRADESH, through Food Safety Officer, S.P.S.R.Nellore District Rep. Hyderabad. Revision filed under Section 397/401 of circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased to submit Revision Case being aggrieved by the order dated 02.09.2015 passed in Crl.M.P.No.558 of 2015 in C.C.No.153 of 2013 on the file of the Addl. Judicial Magistrate of First Class, Gudur, SPSR Nellore District IA NO: 1 OF 2015(CRLRCM Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including appearance of the petitioner in C.C.No.153 of 2013 on the file of the Addl. Judicial Magi Gudur, SPSR Nellore District, pending disposal of Crl.R.C., and to pass Counsel for the Petitioner: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 2339/2015 GUNJI VENKATARAMANAIAH, S/O GURAVIAH, AGED 40 YEARS, OCC: CAUSAL LABORER, MANABOLU VILLAGE, SPSR NELLORE ...PETITIONER AND THE STATE OF ANDHRA PRADESH, through Food Safety Officer, S.P.S.R.Nellore District Rep., by Public Prosecutor, High Court at ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased to submit this Memorandum of Criminal Revision Case being aggrieved by the order dated 02.09.2015 passed in Crl.M.P.No.558 of 2015 in C.C.No.153 of 2013 on the file of the Addl. Judicial Magistrate of First Class, Gudur, SPSR Nellore District IA NO: 1 OF 2015(CRLRCMP 3629 OF 2015 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 stay of all further proceedings including appearance of the petitioner in C.C.No.153 of 2013 on the file of the Addl. Judicial Magistrate of First Class, SPSR Nellore District, pending disposal of Crl.R.C., and to pass Counsel for the Petitioner: IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO GUNJI VENKATARAMANAIAH, S/O GURAVIAH, AGED 40 YEARS, OCC: CAUSAL LABORER, MANABOLU VILLAGE, SPSR NELLORE ...PETITIONER THE STATE OF ANDHRA PRADESH, through Food Safety Officer, by Public Prosecutor, High Court at ...RESPONDENT CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision this Memorandum of Criminal Revision Case being aggrieved by the order dated 02.09.2015 passed in Crl.M.P.No.558 of 2015 in C.C.No.153 of 2013 on the file of the Addl. Judicial praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including appearance of the petitioner in strate of First Class, SPSR Nellore District, pending disposal of Crl.R.C., and to pass 2 1. P NARAHARI BABU Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: 1. The present Criminal Revision Case, filed under Section 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is preferred on behalf of the petitioner/accused challenging the order dated 02.09.2015 passed in Crl.M.P.No.558 of 2015 in Calendar Case No.153 of 2013 on the file of the II Additional Judicial Magistrate of First Class, Gudur (for short, ‘the Trial Court’). By the said order, the Trial Court dismissed the petition filed under section 239 of Cr.P.C., in discharging the accused for the alleged contravention of section 3(1) (zz) (VII) 26(2), (I) of Food Safety and Standards Act, 2006 (Food Products & Food Additives) regulations, 2011 punishable under section 59(1) of FSS Act, 2006. 2. When the matter was taken up for hearing, none appeared on behalf of the petitioner / accused. 3. Sri K. Sandeep, learned Assistant Public Prosecutor representing the respondent / State, contends that as per E-courts report, Calendar Case No.153 of 2013, wherein the order dated 02.09.2015 in Crl.M.P.No.558 of 2015 was passed, was finally disposed of by the Trial Court, resulting in the acquittal of the accused on 01.10.2018. He further contends that, in view of the dismissal of the main case, the present Criminal Revision directed against the said interlocutory order no longer survives for independent adjudication and has, therefore, become infructuous. 4. This Court, upon a careful consideration of the submission advanced by the learned Assistant Public Prosecutor and having regard to the fact that the very Calendar Case in which the impugned order was passed already stands disposed, is of the considered view that nothing further remains for determination in the present Revision Case. Since the main case has been 3 concluded and has attained finality, any challenge to an interlocutory order passed therein has lost its relevance, and adjudicating the present Criminal Revision Case would serve no useful purpose. 5. Accordingly, the Criminal Revision Case is dismissed as infructuous. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. _______________________ T. MALLIKARJUNA RAO, J Date: 15.10.2025 S A K 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Criminal Revision Case No.2339 of 2015 Date: 15.10.2025 S A K 223