APHC010046742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE No: 113/2024 Between: PANTHAM GANDHI MOHAN, S/O.VENUGOPALA RAO, AGED 62 YEARS, EX.MLA (PEDDAPURAM), R/0.D.N0.16-23-45/4A, SEVAN HILLS, OPP.AVINEON INDIA PVT.LTD., PALLAMRAJU NAGAR, ROAD NO.L, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. SHAIK PADMA, D/O.SHEK SURASAHEB, W/O.PANTHAM GANDHI MOHAN, AGED 36 YEARS, R/O.D.NO.7-8, SATHIREDDYPETA, PEDDAPURAM, PEDDAPURAM MANDAL, EAST GODAVARI DISTRICT. 2. SHAIK VENUGOPAL, S/O.PANTHAM GANDHI MOHAN, AGED 19 YEARS, R/O.D.NO.7-8, SATHIREDDYPETA, PEDDAPURAM, PEDDAPURAM MANDAL, EAST GODAVARI DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT(S): Counsel for the Petitioner: 1. P. DURGA PRASAD Counsel for the Respondent(S): 1. SRINIVASA RAO NARRA 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Revision Case under Sections 397 and 401 of BNSS has been filed by the Petitioner impugning the order dated 29.12.2023 in Crl.M.P.No.4539 of 2023 in M.C.No.19 of 2022 on the file of the Court of 2 Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate, Peddapuram. 2. Heard Sri P.Durga Prasad, learned counsel for the Petitioner and Sri Narra Srinivasa Rao, learned counsel for Respondent Nos.1 and 2 and Sri K.Sandeep, learned Assistant Public Prosecutor is in attendance. 3. Learned counsel for the Petitioner would submit that the impugned order is illegal and contrary to settled law, and the learned Magistrate has no territorial jurisdiction to try the maintenance case filed by the Respondent Nos.1 and 2 as they are the permanent residents of Geddanapalli, Kirlampudi Mandal, Kakinada District. 4. Per contra, learned counsel for Respondent Nos.1 and 2 would submit that the Petitioner is an Ex-MLA of Peddapuram constituency and due to the threats at Geddanapalli, where he has his permanent residence and muscle power, they are forced to live at Peddapuram. It is further submitted that they are presently residing at Peddapuram and therefore, the learned trial Court has jurisdiction to entertain their MC. 5. The main contention of the Petitioner is that the learned Magistrate lacks territorial jurisdiction to entertain the Maintenance Case, on the ground that Respondent Nos.1 and 2 are permanent residents of Geddanapalli, Kirlampudi Mandal, Kakinada District. However, Respondent Nos.1 and 2 have specifically contended that in view of the alleged threats and influence of the Petitioner at Geddanapalli, they are constrained to reside at Peddapuram and are presently residing there. 3 6. The learned trial Judge has rightly observed that the question of territorial jurisdiction, in the facts of the present case, involves adjudication of disputed questions of fact, particularly with regard to the place of actual residence of Respondent Nos.1 and 2. Such an issue cannot be conclusively determined at the threshold without a full-fledged enquiry and appreciation of evidence in the main Maintenance Case. 7. This Court finds that the learned Magistrate has exercised discretion judiciously and has not committed any illegality, or irregularity in declining to dismiss the Maintenance Case at the preliminary stage. The Petitioner is at liberty to raise the objection as to jurisdiction during the course of enquiry and substantiate the same by leading appropriate evidence. The criminal revision case lacks merit and the same is liable to be dismissed. 8. Accordingly, the Criminal Revision Case is dismissed. However, the learned trial Judge is directed to dispose of the Maintenance Case, in accordance with law, as expeditiously as possible without granting any adjournments in a casual way by mere asking. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:10.02.2026 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.R.C.No.113 of 2024 Dt.10.02.2026 Dinesh