Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51096 (AP)

GODUGU SIVA KUMAR, KADAPA DT., v. THE STATE OF AP., REP PP AND ANR.,

CRLRC/2905/2017 · 2025-11-04

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010863872017 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 NO: Between: 1. GODUGU SIVA KUMAR, KADAPA DT., S/O SUBBARAYUDU, OCC: BUSINESS, RIO 3/602, RAJAREDDY STREET, KADAPA, KADAPA DISTRICT. 1. THE STATE OF AP REP PP AND ANR, PROSECUTOR, HIGH COURT, HYDERABAD. 2. CHERUKURI JAYAKRISHNA, S/O NAGAPPA, NGO COLONY, KADAPA, KADAPA DISTRICT. (COMPLAINANT) Revision filed under Section 397/401 of circumstances stated in the affidavit filed in support of th Case, the High Court may be pleased to set aside the docket order 30.05.2017 in CFR No. 1342 of 2017 on the file of the II Additional Judicial First Class Magistrate, Kadapa. IA NO: 1 OF 2017(CRLRCMP 4727 OF 2017 Petition under Section in the affidavit filed in support of the petition, the High Court may be pleased condone the delay of 33 days in filing the above Criminal Revision Petition and to pass such other order or orders as this proper in the interest of justice. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 2905/2017 GODUGU SIVA KUMAR, KADAPA DT., S/O SUBBARAYUDU, OCC: BUSINESS, RIO 3/602, RAJAREDDY STREET, KADAPA, KADAPA ...PETITIONER AND THE STATE OF AP REP PP AND ANR, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, HYDERABAD. CHERUKURI JAYAKRISHNA, S/O NAGAPPA, R/O D.NO.7/452 NGO COLONY, KADAPA, KADAPA DISTRICT. (COMPLAINANT) ...RESPONDENT(S): 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 set aside the docket order 30.05.2017 in CFR No. 1342 of 2017 on the file of the II Additional Judicial First Class Magistrate, Kadapa. IA NO: 1 OF 2017(CRLRCMP 4727 OF 2017 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 condone the delay of 33 days in filing the above Criminal Revision Petition and to pass such other order or orders as this Hon.ble Court may deem fit and proper in the interest of justice. IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO GODUGU SIVA KUMAR, KADAPA DT., S/O SUBBARAYUDU, OCC: BUSINESS, RIO 3/602, RAJAREDDY STREET, KADAPA, KADAPA ...PETITIONER REP. BY THE PUBLIC R/O D.NO.7/452-1, NGO COLONY, KADAPA, KADAPA DISTRICT. (COMPLAINANT) ...RESPONDENT(S): CrPC praying that in the e Criminal Revision Case, the High Court may be pleased to set aside the docket order 30.05.2017 in CFR No. 1342 of 2017 on the file of the II Additional Judicial praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 33 days in filing the above Criminal Revision Petition Hon.ble Court may deem fit and IA NO: 2 OF 2017(CRLRCMP 4728 OF 2017 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 grant stay of all further proceedings including arrest of the petitioner in Crime No. 147 of 2017, dated 23.6.2017 on the file of the Chinna Chowk U/G Police Station, YSR Kadapa District, pending disposal of the above Criminal Petition, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: 1. The present Criminal Revision Case, filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is preferred on behalf of the petitioner/A.1 challenging the docket order dated 30.05.2017 passed in C.F.R.No.1342 of 2017 on the file of the II Additional Judicial Magistrate of First Class, Kadapa, (for short, ‘the Trial Court’). 2. For the sake of brevity, the parties shall hereinafter be referred to as they are arrayed in this Criminal Revision Case. 3. It is evident from the record that the complainant (2nd respondent) filed a complaint under Section 156(3) of the Cr.P.C., before the Trial Court, seeking a direction to forward the complaint to the Station House Officer, Chinnachowk Police Station, Kadapa, for registration of an FIR for offences punishable under Sections 120-B, 420, 465, 468, 471, and 506 read with Section 34 of the Indian Penal Code, and for investigation and submission of a report, so that the accused may be appropriately dealt with in accordance with law and in the interest of justice. 4. The Trial Court, after hearing the arguments advanced by the de facto complainant, forwarded the complaint to the concerned police station for registration of the case and for proper investigation. 5. Dissatisfied with the orders dated 30.05.2017 passed by the Trial Court in C.F.R.1342 of 2017, the petitioner herein (A.1) has preferred the present Crl.R.C.No.2905 of 2017. 6. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the present Criminal Revision Case has become infructuous, inasmuch as the police have already filed a final report before the Trial Court, stating that upon due investigation, the dispute between the parties was found to be of a civil nature and, therefore, no criminality was made out against the accused persons. 7. In view of the above submission, and having regard to the fact that the police have concluded the investigation and filed a final report to that effect, this Court is of the view that nothing further survives for adjudication in the present Criminal Revision Case. Accordingly, by recording the submission made by the learned counsel for the petitioner, the Criminal Revision Case stands 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 sss Date: 05.11.2025 S A K THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Criminal Revision Case No.2905 of 2017 Date: 05.11.2025 S A K 30