Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 55730 (AP)

DEVERAPALLI JYOTHI BABU & ANOTHER v. SMT DEVARAPALLI SOUBHAGYALAKSHMI & ANOTHER

CRLRC/2861/2016 · 2025-10-13

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010512572016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 2861 OF 2016 Between: 1. DEVERAPALLI JYOTHI BABU, S/O. LATE VENKATA RAO, C/KAMMA, R/O. PAMARRU VILLAGE K.GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 2. DEVARAPALLI LAKSHMI KUMARI, W/O. JYOTHI BABU, AGED ABOUT 60 YEARS, R/O. PAMARRU VILLAGE, K.GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONERS AND 1. SMT. DEVARAPALLI SOUBHAGYALAKSHMI, W/O. KRANTHI KUMAR, AGED ABOUT 33 YEARS, C/O. BOLLAMPALLI BHASKARA RAO, RAJAMPALEM GOPALAPURAM MANDAL, EAST GODAVARI DISTRICT. 2. THE STATE OF A.P, REP., BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT HYDERABAD. ...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 allow the above Criminal Revision Petition and set aside the order dt.24.10.2016 passed by the appellate court in Crl.A.No.370 of 2016 on the file of IX Additional Sessions Judge W.G.District Kovvuru. IA NO: 1 OF 2016(CRLRCMP 4446 OF 2016 2 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 further trial in the main DVC.No.24 of 2014 in pursuance of directions given by the lower appellate court in Crl.A.No.370 of 2016 on the file of IX Additional Sessions Judge W.G.District Kovvur, pending disposal of the above Crl.RC. Counsel for the Petitioner(S): 1. MANCHANAPALLI SURYANARAYANA Counsel for the Respondent(S): 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 under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the Order dated 24.10.2016 passed in Crl.A.No.370 of 2016 on the file of learned IX Additional Sessions Judge, West Godavari District at Eluru (for short, ‘the 1st Appellate Court) wherein the 1st Appellate Court dismissed the appeal. 2. The Crl.M.P.No. 1624 of 2014 in D.V.C. No. 24 of 2014 was filed by the 1st respondent herein under Section 91(1) read with Section 311 of Cr.P.C, seeking issuance of summons through the Court to the Secretary, Arya Samaj Mandir, Bangalore, for the production of the original marriage register and for adducing evidence regarding the alleged marriage between the 1st respondent therein and Anila Vadlamudi. The learned II Additional Judicial First Class Magistrate, Kovvur (hereinafter referred to as "the trial Court"), allowed the said petition. Aggrieved by the order, the petitioners herein preferred an appeal. The learned 1st Appellate Court, by its judgment dated 24.10.2016 in Crl.A.No. 370 of 2016, dismissed the appeal. Aggrieved the same, the petitioners have now filed the present revision. 3 3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that, as per the instructions received, D.V.C. No. 24 of 2014 has been disposed on 21.08.2017. She further submitted that, in view of the disposal of the said D.V.C., the present Criminal Revision Case has become infructuous. 4. Recording the said submission of learned counsel for the petitioner and as the cause does not survive for adjudication and the matter would become infructuous. 5. 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: 14.10.2025 MS 4 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.2861 of 2016 Date: 14.10.2025 MS