APHC010126792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 314/2026 Between: 1. SANNALA SRINIVASA RAO, S/O. VEERA SWAMY, HINDU,AGED 50 YEARS, AGRICULTURE,PRODHUTURU VILLAGE, KANKIPADU MANDAL.KRISHNA DISTRICT 2. SANNALA ANITHA, W/O. SRINIVASA RAOHINDU, AGED ABOUT 48 YEARS.HOUSE WIFE, PRODHUTURU VILLAGE,KANKIPADU MANDAL, KRISHNA DISTRICT. 3. JAMPANA BALA NAGA SURESH, S/O. RAMESH BABU, HINDU,AGED 42 YEARS, R/O.5-62-84,BC COLONY, PRODHUTURU VILLAGE,KANKIPADU MANDAL, KRISHNA DIST. 4. JAMPANA SUNITHA, W/O. BALA NAGA SURESHHOUSE WISE, HINDU, AGED 43 YEARS,PRODHUTURU VILLAGE, KANKIPADU MANDALKRISHNA DISTRICT ...PETITIONER(S) AND 1. SANNALA VENKATA MADHAVA RAO, S/O. LATE VEERA SWAMY, HINDU, AGED 61 YEARS, R/O.D.NO. 2-72,PRODDUTUR VILLAGE, KANKIPADU MANDALKRISHNA DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY STATION HOUSE OFFICER KANKIPADU POLICE STATION. ...RESPONDENT(S): 2 Revision filed under Section 397/401 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 present Criminal Revision Case by setting aside the order dated 10.12.2025 in Crl M. P No. 320 of 2025, in Crl Appeal No. of 2025 (unnumbered appeal) on the file of the Honourable Sessions Judge, 7 Krishna Division, Machilipatnam and pass 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 stay all further proceedings in CrI.A.No. of 2025 (Un-Numnered Appeal) filed by the 1st Respondent herein against the Judgement dated 31.01.2025 in C.C.No.1774 of 2022, on the file of the Honourable Sessions Judge, Krishna Division, Machilipatnam and pass Counsel for the Petitioner(S): 1. V B SUBRAHMANYAM Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE No: 314/2026 JUDGMENT: The present Criminal Revision Case has been filed by the petitioner seeking to set-aside the order dated 10.12.2025 in Crl.M.P.No. 320 of 2025, in Criminal Appeal No.of 2025 (unnumbered appeal) on the file of the learned Sessions Judge, Krishna Division, Machilipatnam. 2. None represented for the petitioners. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. Since, it is a Criminal Revision, this Court is inclined to dispose of the matter at the stage of admission itself on merits. 3. As can be seen from the impugned order passed by the learned Appellate Judge in Crl.M.P. No.320 of 2025, the respondent No.1 herein, who was the de facto complainant in C.C. No.1774 of 2022 on the file of the learned V Additional Metropolitan Magistrate, Vijayawada, preferred the said petition seeking condonation of delay of 16 days in filing the appeal, challenging the judgment of acquittal. The learned Appellate Judge, after hearing both sides and on perusal of the material on record, allowed the petition by condoning the delay of 16 days in preferring the appeal against the judgment of acquittal. Aggrieved thereby, the accused/petitioners have preferred the present revision contending that no documentary evidence has been placed before the Appellate Court to show that the complainant was suffering from typhoid and was advised to take rest for one week from 14.06.2025 to 26.06.2025. This Court is of the view that there is no hard and 4 fast rule that illness of any person must necessarily be supported by medical prescriptions, and the learned Appellate Judge has exercised his discretion in condoning the delay of 16 days even in the absence of such documents, observing that it is a reasonable delay and that no prejudice would be caused to any party. It is needless to say that the right of appeal is a substantive right of a party to challenge the validity and correctness of the impugned judgment. In that view of the matter, this Court finds no merit in the revision. 4. Accordingly, the Criminal Revision Case is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.03.2026. UPS 5 335 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE No: 314/2026 Dt.17.03.2026 UPS