APHC010441582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 976/2026 Between: KOLLA NEHRU MALA, W/O.RAJA KISHORE D/O.R.D.PRASAD AGED 32 YEARS, OCC HOUSEWIFE R/O.D.NO.22-53/1,4H LINE SAIPURAM COLONY, NEAR SAI BABA TEMPLE GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT ANDHRA PRADESH.521225 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR HIGH COURT, AMARAVATHI GUNTUR DISTRICT, AP.522239 2. KOLLA RAJ KISHORE, S/O.SAMBASIVA RAO, AGED 45 YEARS SOFTWARE ENGINEER, R/O.FLAT NO. 12BRR COMPLEX, PLOT NO.G-80/AG.BLOCK, MADHURANAGAR,HYDERABAD.500038 ...RESPONDENT(S): Counsel for the Petitioner: GUTTAPALEM VIJAYA KUMAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. D V SASIDHAR 2 Dr. YLR, J Crl.R.C.No.976 of 2026 Dated 01.10.2026 The Court made the following: ORDER: Criminal Revision Case has been preferred under Section 438 read with 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, „the BNSS.‟), challenging the impugned order dated 05.11.2025 passed in Crl.M.P.No.95 of 2025 in Criminal Appeal on the file of the learned Sessions Judge, Machlipatnam, filed against the Judgment dated 14.11.2024 in D.V.C.No.51 of 2018 on the file of the learned I Additional Chief Judicial Magistrate, Vijayawada, whereby and whereunder the learned Appellate Court dismissed the appeal at the stage of admission on the following grounds, viz. “1. No verified petition filed; 2. Petitioner process not paid since 17.09.2025; 3. Hence, it is deemed that the petitioner has no interest to prosecute the petition; 4. Hence, the petition is dismissed.” 2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned counsel for respondent No.2 3. Thoughtful consideration is bestowed on the arguments advanced by the learned counsel for both sides. I have perused the entire record. 4. Now the point for consideration is: “Whether the impugned order dated 05.11.2025 passed in Crl.M.P.No.95 of 2025 in Criminal Appeal on the file of the learned Sessions Judge, Machlipatnam, filed against the Judgment dated 14.11.2024 in D.V.C.No.51 of 2018 on the file of the learned I Additional Chief Judicial Magistrate, Vijayawada, whereby and 3 Dr. YLR, J Crl.R.C.No.976 of 2026 Dated 01.10.2026 whereunder the learned Appellate Court dismissed the appeal at the stage of admission, is correct, legal, and proper with respect to its finding, order, and there are any material irregularities? and to what relief?” 5. The petitioner is the wife and the respondent No.2 is the husband in D.V.C.No.51 of 2018. The said petition was filed by the petitioner herein seeking for maintenance and Protection Orders. The said petition was dismissed by the learned Trial Court vide Judgment dated 14.11.2024 in D.V.C.No.51 of 2018and challenging the said Trial Court Judgement, the petitioner herein preferred an appeal before the concerned Appellate Court, but the said Appeal was dismissed as mentioned above. 6. The learned counsel for the petitioner submits that if one more fair opportunity is given to the petitioner, the petitioner is ready to comply with the objection taken by the learned Appellate Court, and that the petitioner‟s substantive right of filing of appeal would be preserved. 7. Considering the facts and circumstances of the case and the submissions of the learned counsel for petitioner, the present Criminal Revision Case is allowed setting-aside the Order dated 05.11.2025 in Crl.M.P.No.95 of 2025 in Criminal Appeal on the file of the learned Sessions Judge, Machlipatnam, and the petitioner is permitted to comply with the objections taken by the learned Appellate Court. 4 Dr. YLR, J Crl.R.C.No.976 of 2026 Dated 01.10.2026 8. Accordingly, the Criminal Revision Case is allowed. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.10.2026 DRNR 5 Dr. YLR, J Crl.R.C.No.976 of 2026 Dated 01.10.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No.976 of 2026 Date:01.10.2026 DRNR