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2026 DAILYLAW 5939 (AP)

P.SUJATHA v. S.PRAKASA RAO

CRLRC/1246/2019 · 2026-07-21

Y Lakshmana Rao

body2026

Judgment text

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APHC010339752019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1246/2019 Between: 1. P.SUJATHA, W/O SURYA PRAKASA RAO, CHRISTIAN, AGED ABOUT 39 YRS, R/O. AMBAPURAM, VIJAYAWADA RURAL, KRISHNA DISTRICT. ...PETITIONER AND 1. S PRAKASA RAO, S/O YESUPADAM, CHRISTIAN, AGEDA BOUT 45 YRS, R/O AKATTUBADIPALEM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT(S): Counsel for the Petitioner: 1. PASALAPUDI SATYA HARITHA 2. SOMPAKA SHARAT BABU Counsel for the Respondent(S): 1. THANJAVURU VENKATA SUMAN 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 Dr.YLR, J Crl.R.C.No.1246 of 2019 Dated 22.07.2026 ORDER: There is no representation for the Petitioner or Respondent No.1. Despite a specific direction issued by this Court on 15.07.2026, there is no representation on their behalf today. The matter was listed under the dismissal caption. 2. Ms. P. Satya Haritha, learned Counsel, is appointed as Legal Aid Counsel for the Petitioner and Mr Venkata Suman, learned Counsel, is appointed as Legal Aid Counsel for the Respondnet No.2. 3. The Secretary, High Court Legal Services Committee is directed to issue necessary proceedings in this regard. 4. Heard the learned Legal Aid Counsel for the Petitioner and learned Legal Aid Counsel for the Respondent No.1 and the learned Assistant Public Prosecutor. 5. Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, challenging the order dated 25.06.2019 passed in Crl.M.P. No.65 of 2017 in M.C. No.45 of 2000, whereby the learned Trial Court dismissed the petition filed by the Petitioner/wife under Section 125(3) of ‘the Cr.P.C.,’ seeking a direction to the respondent to execute a registered relinquishment deed in respect of the petition schedule property and, in the event of his failure to do so, to have the document executed through the process of the Court. The learned Trial Court, after conducting an elaborate 3 Dr.YLR, J Crl.R.C.No.1246 of 2019 Dated 22.07.2026 enquiry and assigning valid, cogent, and convincing reasons, dismissed the said petition. 6. Admittedly, the Petitioner/wife has neither filed any petition for realization of the arrears of maintenance nor sought enhancement of the maintenance amount. Instead, she has invoked Section 125(3) of ‘the Cr.P.C.,’ to seek enforcement of an alleged contractual obligation by way of execution of a registered relinquishment deed. In substance, the relief sought is one akin to specific performance of an agreement, for which the appropriate and efficacious remedy available to the Petitioner is to institute a suit for specific performance or to avail such other remedy as may be available under law, including appropriate execution proceedings, if permissible. 7. Section 125(3) of ‘the Cr.P.C.,’ has a limited scope and is intended only for enforcement of orders granting maintenance. It does not empower the Court to direct execution or registration of a conveyance or relinquishment deed, nor can the Court itself execute such a document on behalf of the respondent in proceedings under the said provision. As rightly observed by the learned Trial Court, the proceedings under Section 125(3) of ‘the Cr.P.C.,’ cannot be hybridised with proceedings for enforcement of contractual or proprietary rights. 8. This Court finds that the learned Trial Court has rightly appreciated the scope of Section 125(3) of ‘the Cr.P.C.,’ and dismissed the petition by assigning cogent and convincing reasons. No illegality, irregularity, or 4 Dr.YLR, J Crl.R.C.No.1246 of 2019 Dated 22.07.2026 jurisdictional error is found in the impugned order warranting interference in exercise of the revisional jurisdiction under Sections 397 and 401 of ‘the Cr.P.C’. 9. Accordingly, the Criminal Revision Case is dismissed. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Date:22.07.2026 KMS 5 Dr.YLR, J Crl.R.C.No.1246 of 2019 Dated 22.07.2026 71 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1246/2019 Date: 22.07.2026 KMS