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2026 DAILYLAW 828 (AP)

Asan Basha Sirajdeen v. The State of Andhra Pradesh

CRLRC/367/2026 · 2026-04-14

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010177172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 & 2 of 2026 In/and CRIMINAL REVISION CASE No. 367/2026 Between: 1. ASAN BASHA SIRAJDEEN, S/O. SIRAJ,AGED 45 YEARS, R/O. D.NO.G23, VENKATESWARA NAGAR,KANGIYAM ROAD, TIRUPPUR, TAMILNADU ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. MEHRAJ SHAREEF, W/O.MAROOF,AGED 33 YEARS, OCC BUSINESS,D.NO. 10-15-52, MAIN ROAD,RAJAMAHENDRAVARAM - 533101 ...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 toThe above named Petitioner begs to present this Memorandum of Criminal Revision Case aggrieved by the Judgement, dt.5.2.2026 in Crl.A.No.310/2023 on the file of the Family Court-cum- IX Additional District & Sessions Judge, Rajamahendravaram confirming the Calendar & Judgement, dt.11.8.2023 in C.C.No.604/2017 on the file of the Court of the V Additional Judicial Magistrate of First Class, Rajamahendravaram 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 permit the Petitioner herein to compromise with the Respondent No.1 herein in the present CrI.R.C. and 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 record the compromise and allow the Revision preferred by the 2 Petitioner against the Judgment, dt.5.2.2026 in Crl.A.No.310/2023 on the file of Family Court-cum-IX Additional District & Sessions Judge, Rajamahendravaram and 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 operation of conviction and sentence passed in Judgment dated dt.5.2.2026 in Crl.A.No.310/2023 on the file of Family Court-cum-IX Additional District & Sessions Judge, Rajamahendravaram confirming the Calendar & Judgement, dt.11.8.2023 in C.C.No.604/201on the file of the Court of the V Additional Judicial Magistrate of First Class, 4 Rajamahendravaram and enlarge the Petitioner / Accused on Bail, pending the disposal of the above CrI.R.C. and pass Counsel for the Petitioner: 1. VARREY VENKATA NAGA VISHNU TEJA Counsel for the Respondent(S): 1. SURAGANI KRISHNA VAMSI 2. PUBLIC PROSECUTOR 3 The Court made the following COMMON ORDER: This Criminal Revision Case is filed by the Petitioner/Appellant/Accused under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) aggrieved by the Judgment dated 05.02.2026 in Crl.A.No.310 of 2023 on the file of the Court of Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram confirming the Calendar & Judgment dated 11.08.2023 in CC No.604 of 2017 on the file of the Court of V Additional Judicial Magistrate of First Class, Rajamahendravaram. 2. IA.No.1 of 2026 is filed under Section 359(6) of BNS read with Section 482 of Cr.P.C. by the Petitioner/Accused seeking permission to compromise the matter with the unofficial respondent in connection with the above case details. 3. IA No.2 of 2026 is filed by the Petitioner/respondent No.2 requesting to record compromise and allow this Criminal Revision Case. 4. Petitioner/Accused & Respondent No.2/Defacto Complainant in this Criminal Revision Case appeared before this Court and they are identified by their respective learned counsels appearing on their behalf. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 5. Learned Assistant Public Prosecutor is in attendance. 6. The facts of the case are that Respondent No.2/ Complainant filed a complaint against the Petitioner for the offence under Section 138 of the 4 Negotiable Instruments Act as the accused failed to repay the amount of Rs.10,00,000/-which is borrowed her. Challenging the concurrent Judgments of the Trial Court, the Petitioner/Accused carried the matter in this Criminal Revision Case. 7. At this juncture, the parties filed compromise petitions as stated supra stating that the matter is compromised between them and also filed a Joint Memo, which reveals that at the intervention of elders, the parties decided to settle the issue amicably and respondent No.2 agreed to withdraw the present criminal revision case against Petitioner. 8. Respondent No.2 submitted that she has no disputes with the Petitioner and she has no objection to record compromise in this matter. 9. Considering the submissions, in the interests of justice, I.A.Nos.1 and 2 of 2026 are allowed. Consequently, this Criminal Revision Case is allowed and the Proceedings against the Petitioners/Accused vide Judgment dated 05.02.2026 in Crl.A.No.310 of 2023 on the file of the Court of Family Court-cum- IX Additional District and Sessions Judge, Rajamahendravaram confirming the Calendar & Judgment dated 11.08.2023 in CC No.604 of 2017 on the file of the Court of V Additional Judicial Magistrate of First Class, Rajamahendravaram are hereby set aside. The Petitioner is set at liberty. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 15.04.2025 Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Revision Case No. 367 of 2026 15.04.2026 Mjl /* 6