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2025 DAILYLAW 54936 (AP)

Mohammad Yousuf Sharif v. The State of Andhra Pradesh

CRLRC/3263/2018 · 2025-12-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010887922018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 3263 OF 2018 Between: 1. MOHAMMAD YOUSUF SHARIF, S/O. MD. BASHA, AGED ABOUT 55 YEARS, P.C. 445, OC HEAD QUARTERS CO, 3RD A.P.S.P. BATTALION, O/O. ADDL. COMMANDANT, KAKINADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, HYDERABAD 2. MOHAMMAD TARANA, D/O. MD. YUSUF SHARIF, AGED ABOUT 26 YEARS, R/O. DOOR NO. 82-2-1, MAIN ROAD, OPP. POLICE QUARTERS, VIDYUTH COLONY, RAJAMAHENDRAVARAM. 3. MOHAMMAD NAJMA, D/O. MD. YUSUF SHARIF, AGED ABOUT 25 YEARS, R/O. DOOR NO. 82-2-1, MAIN ROAD, OPP. POLICE QUARTERS, VIDYUTH COLONY, RAJAMAHENDRAVARAM. 4. MOHAMMAD IMRAN BABU, S/O. MD. YUSUF SHARIF, AGED ABOUT 24 YEARS, R/O. DOOR NO. 82-2-1, MAIN ROAD, OPP. POLICE QUARTERS, VIDYUTH COLONY, RAJAMAHENDRAVARAM ...RESPONDENTS Revision filed under Section 397 and 401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to call for the records of the Orders dt.24/05/2018 of the Court of the Family Court Cum IX Additional District and Sessions Court, East Godavari, Rajamahendravaram, passed in 2 I.A.No.262/2018 in F.C.O.P.No.173/2017, by setting aside the same and thereby dismissing the said petition in I.A.No.262/2018, and grant such other relief or reliefs which this Honble Court may deem fit and proper under the circumstances of the case. IA NO: 1 OF 2018 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 may be pleased to Condone the Delay of 95 days in preferring Revision against the Orders dt.24/05/2018 passed in I.A No.262 of 2018 in FCOP No.173 of 2017, on the file of Family Court Cum IX Addl. District and Sessions Court, East Godavari, Rajamahendravaram, and grant such other relief or reliefs which this Honble Court may deem fit and proper under the circumstances of the case. IA NO: 2 OF 2018 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 may be pleased to Grant Order of Dispensing with filing of the Certified Copy of the Orders dt.24/05/2018 passed in I.A No.262 of 2018 in FCOP No.173 of 2017, on the file of Family Court Cum IX Addl. District and Sessions Court, East Godavari, Rajamahendravaram, by receiving the copy of the same, pending disposal of the Revision and grant such other relief or reliefs which this Honble Court may deem fit and proper under the circumstances of the case. IA NO: 3 OF 2018 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 may be pleased to Orders of Interim Stay of all further proceedings of the execution of the Orders dt.24/05/2018 passed in I.A No.262 of 2018 in FCOP No.173 of 2017, on the file of Family Court Cum IX Addl. District and Sessions Court, East Godavari, Rajamahendravaram, pending disposal of the Revision, and grant such other relief or reliefs which this Honble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: 1. P RAJESH BABU Counsel for the Respondent(S): 3 1. K VENKATESH 2. SRI K. SANDEEP, ASST. PUBLIC PROSECUTOR The Court made the following: O R D E R 1. This Criminal Revision Case has been filed by the petitioner under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the Order dated 24.05.2018 passed in I.A.No.262 of 2018 in F.C.O.P.No.173 of 2017 on the file of learned IX Additional District and Sessions Court, East Godavari District, Rajamahendravaram (for short, ‘the trial Court’). 2. Heard and perused the record. 3. As seen from the record, this Criminal Revision Case has been filed against the order dated 24.05.2018 passed in I.A.No.262 of 2018 in F.C.O.P.No.173 of 2017. The I.A.No.262 of 2018 has been filed by the Respondent Nos.2 to 4 herein under Section 125(3) of Cr.P.C. seeking to grant interim maintenance. By impugned order dated 24.05.2018, the trial Court allowed the petition by recording certain reasons. Against the said order, the petitioner herein preferred the present revision. 4. Learned Assistant Public Prosecutor submits that the main F.C.O.P.No.173 of 2017 was disposed on 24.03.2023. In support of this, a copy from the e-Courts website has been filed, which reflects that the said F.C.O.P.No.173 of 2017 was disposed on 24.03.2023 and it was allowed. 5. Recording the said submission of learned Assistant Public Prosecutor and in view of the disposal of the F.C.O.P.No.173 of 2017 on 24.03.2023, this Court finds the cause does not survive for adjudication and the matter would become infructuous. 4 6. Accordingly, the Criminal Revision Case is dismissed as infructuous. Interim orders granted earlier, if any, shall stand vacated and the miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 09.12.2025 MS 5 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.3263 of 2018 Date: 09.12.2025 MS