APHC010716802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13561/2025 Between: 1. V SOMASUNDARAMMA (DIED), A 2. K JALAJA DEVI,, W/O K SUDHAKAR CHOWDARY, REP BY HER REGISTERED GPA AGENT KOORAPATI SUDHAKAR CHOUDHARY, S/O LATE K RAMACHANDRA NAIDU AGED ABOUT 70 YEARS, OCC BUSINESS, R/O D.NO. 3-2-56, KOORAPATI FARM, VIDYANAGAR COLONY, CHANDRAGIRI ROAD, TIRUPATI ...PETITIONER/ACCUSED(S) AND 1. MANNURU SUBRAMANYAM, S/O M ANKAIAH, AGED ABOUT 54 YEARS, OCC CHAIRMAN AND CORRESPONDENT OF M/S RAVINDRA BHAFATI EDUCATIONAL SOCIETY, R/O D.NO. 23/812, FATHEKHANPET, NELLORE ALSO R/O D.NO. 16 TO 18, MEGHA HILLS COLONY, MADHAPUR, HYDERABAD 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. ...RESPONDENT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to set aside the order dated 31-10- 2025 passed by the Learned X Additional District & Sessions Judge, Tirupati in Criminal Revision Petition No. 35 of 2023 confirming the order dated 19.07.2023 passed in Crl.M.P.No.1866 of 2023 in STC No.649 of 2022 by II Additional Judicial Magistrate of First Class, Tirupati, against the Petitioners herein and consequently direct the trial court to allow the 2nd petitioner herein to be added as complainant in STC No.649 of 2022 on the file of II Additional Judicial Magistrate of First Class, Tirupati, in the interest of justice IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to suspend the Order dated 31-10-2025 passed by the Learned X Additional District & Sessions Judge, Tirupati in Criminal Revision Petition No. 35 of 2023, against the Petitioners herein, pending disposal of the main petition in the interest of justice Counsel for the Petitioner/accused(S): 1. PAWAN KUMAR MALAPATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13561/2025 The Court made the following Order: The instant petition under Section 528 of BNSS, has been filed by the petitioner herein/Revision Petitioner/Proposed Complainant seeking to set- aside the order dated 31.10.2025 passed by the learned X Additional District & Sessions Judge, Tirupati in Criminal Revision Petition No.35 of 2023. 2. Heard Sri. M.Pawan Kumar, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State is in attendance. 3. Learned counsel for the petitioner would submit that the petitioner herein, who is the daughter of the original complainant, seeks to pursue the complaint filed by her mother against the respondent No.1 of the offence punishable under Section 138 of Negotiable Instruments Act, which was taken on file as STC No.649 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Tirupati. 4. The learned counsel further submit that during the pendency of the said case, the original complainant i.e., mother of the petitioner herein, died. Consequently, the petitioner herein/proposed complainant filed Crl.M.P No.1866 of 2023 through her GPA holder, to come on record to pursue the case. 5. The said application is dismissed on 19.07.2023, on the ground that all the legal heirs of the original complainant were not impleaded as parties. Aggrieved thereby, the petitioner herein carried the matter in revision vide Criminal Revision No.35 of 2023. The said revision was also dismissed by the learned X Additional District & Sessions Judge, Tirupati, on 31.10.2025, confirming the order of the learned Trial Judge. 6. The learned counsel for the petitioner would submit that the petitioner is very much ready to implead all the other legal heirs of the original complainant and that all the legal heirs are willing to appear before the Court and file their affidavits to the effect that the petitioner herein, being the daughter of the original complainant, is entitle to pursue the complaint filed by their mother. The learned counsel also expresses difficult that one of the legal heirs, who is also a daughter of the original complainant, is residing in the USA, and her presence may be dispensed with. She may be permitted to send her authorized affidavit as per the rules and let there be a direction to the Trial Court to consider the same. 7. Considering the submissions made and a fair look at the order impugned, the contention raised by the respondent/accused is that all the legal heirs are not brought on record. In order to avoid further delay, it is apposite to dispose of the petition, at the stage of admission itself. 8. In that view of the matter, the present Criminal Petition is allowed by setting aside the impugned order dated 31.10.2025 passed in Criminal Revision Petition No.35 of 2023. However, the petitioner is at liberty to implead all the other legal heirs of the original complainant before the Trial Court and they shall place on record their affidavits to the effect that they have no-objection to pursue the complaint through the petitioner herein. The learned Trial Judge is further directed to consider the case of one of daughter, who is staying in USA and permit her to send her authorized affidavit according to rules. No costs. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.01.2026 Ksj