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2026 DAILYLAW 17685 (AP)

B Khaja Jesudharaj v. Mangilal Milap Chand

CRLRC/182/2026 · 2026-02-19

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010090822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 182/2026 Between: 1. B KHAJA JESUDHARAJ, S/O LATE B. IDRUS SABAGED ABOUT 55 YEARS,R/O. B.N TAKIES, ROAD, ADONI,KURNOOL DISTRICT A.P.- 518301 ...PETITIONER AND 1. MANGILAL MILAP CHAND, S/O MILAP CHANDAGED ABOUT 70 YEARS,R/O H.NO. 15/395, VICRORIAPET, ADONIKURNOOL DISTRICT A.P-518301 2. KURNI SIVA SANAKAR, S/O LATE KURNI ERANNAAGED ABOUT 53 YEARS, R/O D.NO.2/238R.C.A COLONY, MANDIGIDRI GRAM PANCHAYATNEAR BABA GARDEN, ADONI, KURNOOL DISTRICT A.P.- 518301 3. B MOINUDDIN, S/O LATE LATE B. IDRUS SAB DIED 4. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH,AT AMARAVATHI, GUNTUR DISTRI ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision 2 Case, aggrieved by the common order passed in CRL MP No.5152 & 5084 of 2022 in CC No. 159/2015 dated 22.12.2022 on the file the I Additional Judicial Magistrate of First Class, Adoni IA NO: 1 OF 2026 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 condone the delay 1063 days in preferring the CRLRC against the common order passed in CRL MP No.5152 & 5084 of 2022 in CC No.159/2015 dt 22.12.20222 on the file of the I Additional Judicial Magistrate of First Class, Adoni and to pass IA NO: 2 OF 2026 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 dispense with the filing of the common order passed in CRL MP No.5152 & 5084 of 2022 in CC No.159/2015 dated 22.12.2022 on the file of I Additional Judicial Magistrate of First Class, Adoni and to pass IA NO: 3 OF 2026 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 suspend the common order passed in CRL MP No.5152 & 5084 of 2022 in CC No. 159/2015 dt 22.12.2022 on the file of the I Additional Judicial Magistrate of First Class, First Class, Adoni and to pass Counsel for the Petitioner: 1. A.SRINIVASA RAO Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 182/2026 COMMON JUDGMENT: The present Criminal Revision Case has been filed, challenging the Common Order dated 22.12.2022 passed by the learned I Additional Judicial Magistrate of First Class, Adoni, in Crl.M.P.Nos.5152 and 5084 of 2022 in C.C.No.159 of 2015. 2. I.A.No.1 of 2026 has been filed by the petitioner seeking to condone the delay of 1063 days in preferring the above Criminal Revision Case. 3. Heard Mr. A.Srinivasa Rao, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 4. The petitioner herein is the complainant in C.C. No.159 of 2015. The respondent Nos.1 to 3, who are the accused therein, filed discharge petitions vide Crl.M.P.Nos.5152 and 5084 of 2022, and the same were allowed by a common order dated 22.12.2022. Aggrieved thereby, the petitioner has filed the present Criminal Revision Case. 5. Learned counsel for the petitioner would submit that the common order dated 22.12.2022 passed by the learned Judge discharging accused Nos.1 to 4 is erroneous, contrary to law and probabilities of the case. It is submitted 4 that the learned Judge failed to properly appreciate the material available on record and prematurely discharged the accused. It is also contended that though the criminal case pertains to the year 2015, the discharge petition was filed in the year 2022, the learned trial Judge ought not to have entertained such a belated discharge petition. The learned counsel submits that the delay in filing the present revision was neither willful nor wanton, but due to bona fide reasons, and therefore the delay of 1063 days deserves to be condoned in the interest of justice. 6. Learned Assistant Public Prosecutor would submit that the impugned common order passed by the learned trial Judge is a well-reasoned and considered one, based on proper appreciation of the material available on record, and therefore does not warrant any interference by this Court. She would further submit that no sufficient reasons have been shown to condone the inordinate delay of 1063 days in filing the revision and, on that ground alone, the petition is liable to be dismissed. 7. As can be seen from the record, nothing has been placed on record to establish any sufficient cause to condone such a huge delay in preferring the revision against the impugned common order dated 22.12.2022. Be that as it may, a fair reading of the impugned common order reveals that the learned Judge properly appreciated the material on record in the right perspective and rightly allowed the petitions. The learned Judge has also extracted the deposition of PW-1 recorded during the enquiry under Section 244 Cr.P.C., and there is not a single word therein to attract the offences under Sections 5 420 or 506 IPC. In that view, the learned Judge allowed the petitions and discharged accused Nos.1 to 4. Admittedly, civil suits have been pending between the parties since 2009. The only ground raised before this Court in the present revision is that though the case is of the year 2015, the discharge petition was filed in the year 2022, which by itself cannot be a ground to interfere with the impugned common order. In such circumstances, this Court is of the view that there are no tenable grounds to interfere in the said order. This Court does not find any reason to condone the delay of 1063 days in filing the revision case. 8. Accordingly, I.A.No.1 of 2026 is dismissed. Consequently, the Criminal Revision Case is also dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.02.2026. UPS 6 181 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 In/and CRIMINAL REVISION CASE NO: 182/2026 Dt.20.02.2026 UPS