APHC010117502024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between: 1. PYNENI SIVANNARAYANA,, S/O. PUIIA RAO, AGED 42 YEARS, PRESENTLY WORKING AS WAITER IN THE HOTEL, R/O. D.N0.7 16-272/A, PASUVULA HOSPITAL ROAD, PERECHERLA VILLAGE, MEDIKONDURU MANDAL, GUNTUR DISTRICT 1. THE STATE OF AP, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF AP, AT AMARAVATHI. 2. SMT PYNENI USHA RANI, W/O. SIVANNARAYANA, AGED 38 YEARS, R/O. D.NO.3 KRISHNA NAGAR, GUNTUR. 3. PYNENI LIKITHA, , D/O. SIVANNARA STUDENT, R/O. D.NO.3 LANE, KRISHNA NAGAR, GUNTUR 4. PYNENI BHAVANA, D/O. SIVANNARAYANA, AGED 16 YEARS, STUDENT, /O. D.NO.3 KRISHNA NAGAR, GUNTUR Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased tomay be pleased to allow this Criminal Revision Case an 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 242/2024 PYNENI SIVANNARAYANA,, S/O. PUIIA RAO, AGED 42 YEARS, PRESENTLY WORKING AS WAITER IN THE HOTEL, R/O. D.N0.7 272/A, PASUVULA HOSPITAL ROAD, PERECHERLA VILLAGE, MEDIKONDURU MANDAL, GUNTUR DISTRICT ...PETITIONER AND THE STATE OF AP, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF AP, AT AMARAVATHI. SMT PYNENI USHA RANI, W/O. SIVANNARAYANA, AGED 38 YEARS, R/O. D.NO.3-1-304, VARALAKSHMI BHAVAN, 8TH LANE, KRISHNA NAGAR, GUNTUR. PYNENI LIKITHA, , D/O. SIVANNARAYAN AGED 17 YEARS. STUDENT, R/O. D.NO.3-1-304, VARALAKSHMI BHAVAN, 8TH LANE, KRISHNA NAGAR, GUNTUR PYNENI BHAVANA, D/O. SIVANNARAYANA, AGED 16 YEARS, STUDENT, /O. D.NO.3-1-304, VARALAKSHMIBHAVAN,8TH LANE, KRISHNA NAGAR, GUNTUR ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased tomay be pleased to allow this Criminal Revision Case and set aside the Order dated 20 IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PYNENI SIVANNARAYANA,, S/O. PUIIA RAO, AGED 42 YEARS, PRESENTLY WORKING AS WAITER IN THE HOTEL, R/O. D.N0.7- 272/A, PASUVULA HOSPITAL ROAD, PERECHERLA VILLAGE, ...PETITIONER THE STATE OF AP, REP. BY THE PUBLIC PROSECUTOR, HIGH SMT PYNENI USHA RANI, W/O. SIVANNARAYANA, AGED 38 304, VARALAKSHMI BHAVAN, 8TH LANE, YAN AGED 17 YEARS. 304, VARALAKSHMI BHAVAN, 8TH PYNENI BHAVANA, D/O. SIVANNARAYANA, AGED 16 YEARS, 304, VARALAKSHMIBHAVAN,8TH LANE, ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased tomay be pleased to d set aside the Order dated 20-04- 2023 2 passed in Crl.MP.No.l06 of 2023 in FCOP.No.7 of 2021, on the file of the Judge, Family Court, Guntur District, Guntur, consequently allow the said Crl.MP.No.105 of 2023 as prayed for, and pass IA NO: 1 OF 2024 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 may be pleased to condone the delay of 218 days in filing the present Criminal Revision Case before this Hon’ble Court aggrieved by the Order dated 20-04-2023 passed in Crl.MP.No.l06 of 2023 in FCOP.No.7 of 2021, on the file of the Judge, Family Court, Guntur District, Guntur, and to pass IA NO: 2 OF 2024 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 may be pleased to grant stay of all further proceedings pursuant to the Order dated 26-08- 2022 passed in FCOP.No.7 of 2021, on the file of the Judge, Family Court, Guntur District, Guntur, pending disposal of the main Criminal Revision Case, and pass Counsel for the Petitioner: 1. GUNDAVARAPU PADMAVALLI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2024 IN/AND CRIMINAL REVISION CASE NO: 242 of 2024 COMMON ORDER: There is no representation on behalf of the petitioner. Heard the learned counsel for the respondents. This Court is inclined to proceed with the matter and decide the issue on merits. 2. This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. (corresponding provisions under Bharatiya Nagarik Suraksha Sanhita), seeking to set aside the order dated 20.04.2023 passed in Crl.M.P. No.106 of 2023 in F.C.O.P.No.07 of 2021 by the learned Judge, Family Court, Guntur, whereby the petition filed under Section 125 Cr.P.C. to set aside the ex-parte order dated 26.08.2022 was dismissed. 3. I.A. No.1 of 2024 is filed seeking to condone the delay of 218 days in filing the present Criminal Revision Case. 4. The case of the petitioner, as set out in the affidavit filed in support of the delay petition, is that the certified copies of the impugned orders were misplaced during travel and subsequently he suffered from jaundice and was advised bed rest for a considerable period. After recovery, he applied for certified copies and filed the present revision. 4 5. On perusal of the material on record, the Court is of the opinion that the explanation offered does not constitute sufficient cause for condoning the delay. The petitioner has not demonstrated bona fide diligence in pursuing the remedy. Except a bald assertion, no convincing material is placed before this Court to justify the inordinate delay of 218 days. 6. Even on merits, this Court finds no grounds to interfere with the order under revision. The record reveals that the petitioner was served with notice in F.C.O.P. No.07 of 2021 and had participated in the proceedings for some time. Thereafter, he remained absent and was set ex parte, leading to the order dated 26.08.2022 granting maintenance to the respondents. The petitioner filed a petition to set aside the ex parte order along with a delay condonation petition for 188 days. The learned Judge, Family Court, Guntur, upon consideration, dismissed the same on 20.04.2023 holding that no sufficient cause was shown. This Court does not find any illegality, irregularity, or perversity in the said order. 7. The reasons assigned by the petitioner are vague and unsupported by satisfactory evidence. The conduct of the petitioner indicates lack of diligence in prosecuting the matter, this Court is not inclined to condone the delay or to interfere with the impugned order. 5 8. Accordingly, I.A. No.1 of 2024 is dismissed. Consequently, the Criminal Revision Case is dismissed. As a sequel, miscellaneous petitions, if any pending, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.03.2026 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 163 I.A.No.1 of 2024 IN/AND CRIMINAL REVISION CASE No: 242/2024 Dt.07.03.2026 KKV