A criminal revision petition challenging the dismissal of a discharge petition was dismissed. The Court held the matter was infructuous because the main case had been abated due to the accused's death and subsequently disposed of.
The Criminal Revision Case is dismissed as infructuous. Earlier interim orders stand vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY ,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE V SRINIVAS
CRIMINAL REVISION OASE No. 1752 OF 2014
Criminal Revision Case filed under Sections 397 & 401 of Cr.PC against the Orders in CrI.MP No. 432 of in C.C. No.757/2011dated 1706-2014 on the file of the Judicial Magistrate of First Classat Paddapuram of East Godavari District.
Between:
Mutyala Udaya Bhaskara Rao, S/o Krishna Rao, aged about 50 years, Private Employee, R/o Rayavaram Village and Mandal,EastGodavari District
...Petitioner/Petitioner/Accused
AND
...Respondent/Respondent/Respondent
...Respondent/Respondents/Complainant
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I.A. NO: 1 OF 2014(CRLRCMP. NO- 2906 OF 2014)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all the further proceedings includingtheTrialofC.C.No. 757 on the file of the Judicial Magistrate of First Class at Paddapuram of East Godavari District and set-aside the same.
Counsel for the Petitioner: SRI G. SIMHADRI
Counsel for the Respondent No.1: PUBLIC PROSECUTOR (AP)
Counsel for the Respondent No.2: SRI G. VASANTHA RAYUDU
The Court made the following: ORDER
THE HON’BLE SRI JUSTICE V.SRINIVAS Criminal Revisinn case No.1752 of 2014
ORDER:
The present Criminal Revision Case is filed againstthe order, dated 17.06.2014 in Crl.M.P.No.432 of 2014 inC.C.No.757 of 2011 passed by the learned Judicial Magistrate ofFirstClass, Peddapuram, wherein the petition filed by the petitioner/accused under Section 245 (2) Cr.P.C seeking to discharge him was dismissed by the trial Court.
- Learned counsel for the petitioner submits that the petitioner/accused by name Mutyala Udaya Bhaskara Rao S/o Krishna Rao, died on 29.06.2016 and the case standsabated before the trial Court.
- The information furnished by the Registry also goes to show that the main case i.e., C.C.No.757 of 2011 was disposed on 22.11.2017 and therefore, the cause in the presentcriminal revision case does not survive and the matter would infructuous.
- Accordingly, the present Criminal Revision Case is dismissed as infructuous.
Interim orders granted earlier, if any, shall standvacated. As a sequel, miscellaneous applications pending, if any, shall stand closed.
SD/- M RAMESH BABU DEPUTY REGISTRAR
//true copy//
SECTION OFFICER
To, 1. The Judicial Magistrate of First Class at Paddapuram,EastGodavari District.
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HIGH COURT
DATED:14/11/2024
ORDER
CRLRC.No.1752 of 2014
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DISMISSING THE CRLRC AS INFRUCTUROUS
1 issue framed by the court
Whether the criminal revision petition survives after the abatement of the main case due to the death of the accused and the subsequent disposal of the main case.
2 provisions across 1 enactments
Mutyala Udaya Bhaskara Rao
State of Andhra Pradesh
Maddipati Satyanarayana Murthy
V Srinivas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
