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2025 DAILYLAW 55623 (AP)

P.VISVESWARA RAO, VISAKHAPATNAM., v. THE STATE OF AP., REP PP AND ANR.,

CRLRC/1723/2017 · 2025-11-04

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010380372017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1723 OF 2017 Between: 1. P.VISWESWARA RAO, S/O. LATE JOGIRAJU, HINDU, AGED 54 YEARS, BRAHMIN, PRIVATE EECTRIAN, RESIDENT OF 15-114, PRAKASHNAGAR, PENDURTHI, VISHAKAPATANAM. ...PETITIONER AND 1. THE STATE OF AP REP. PP AND ANR, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. HYDERABAD THROUGH PENDURTHI P.S, VISAKAPATNAM CITY, VISAKAPATNAM DISTRICT. 2. JWALA PRADHAN, W/O. SANKA, AGED 29 YRS, R/O. DOOR NO. 21- 215/1, KAKANI NAGAR, NAD KOTHA ROAD, VISAKHAPATNAM. ...RESPONDENTS Revision filed under Section 397 of 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 allow the Crl.R.C by setting aside the cognizance of the learned Magistrate in C.C.No. 304/2015 on the file of the III Metropolitan Magistrate Court, Visakhapatnam filed against the petitioner. IA NO: 1 OF 2017(CRLRCMP 2758 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 stay all further proceedings in CC No.304/2015 on the file of III Metropolitian Magistrate Court, Vishakapatanam, pending disposal of the above criminal 2 Revision petition and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. P VEERRAJU Counsel for the Respondent(S): 1. SRI K. SANDEEP, ASST. PUBLIC PROSECUTOR The Court made the following: O R D E R 1. The present Criminal Revision Case has been filed by the petitioner/A4 under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), challenging the cognizance dated 18.04.2015 taken in C.C. No. 304 of 2015 on the file of the learned III Metropolitan Magistrate, Visakhapatnam (for short, “the trial Court”). 2. Heard and perused the record. 3. As seen from the record, this Criminal Revision Case has been filed seeking to set aside the cognizance dated 18.04.2015 taken in C.C. No. 304 of 2015 on the file of the learned III Metropolitan Magistrate, Visakhapatnam. 4. Learned counsel for the petitioner submits that the C.C.No.304 of 2015 was disposed on 24.06.2019. In support of this, a copy from the e-Courts website has been filed, which reflects that the said C.C.No.304 of 2015 was disposed on contest on 24.06.2019. 5. Recording the said submission of learned counsel for the petitioner and in view of the disposal of the C.C.No.304 of 2015 on 24.06.2019, this Court finds the cause does not survive for adjudication and the matter would become infructuous. 3 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: 05.11.2025 MS 4 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.1723 of 2017 Date: 05.11.2025 MS