Dismissed¶37

M.Sankar, Chittoor Dt., v. M.Krishnaiah Chetty (Died) & 2 Otrs., Rep Pp.

Andhra Pradesh HC22 Sept 2025CRLRC/1283/2015

Case brief

AI extract

What is this about?

Abatement of criminal revision on death of sole petitioner/accused (died 06.08.2024) with no legal representatives prosecuting; Cr.P.C. Sections 397/401 revision against Crl.A.No.111 of 2013 (V Addl. Sessions Judge, Tirupati) confirming S.T.C.No.237 of 2012 (Special Magistrate-cum-VI Addl. Junior Civil Judge, Tirupati); interim bail/sentence-suspension order in Crl.RC.MP.No.2021 of 2015 dated 9.7.2015 vacated; miscellaneous applications closed; no merits adjudicated — citable only as an instance of revision lapsing on appellant's death.

What did the court decide?

In view of the death of the petitioner/accused on 06.08.2024 and since his legal representatives have not come forward to prosecute the matter, the Court had no option but to dismiss the revision case. ¶36

M.Sankar, Chittoor Dt., Vs M.Krishnaiah Chetty (Died) & 2 Otrs., Rep Pp. — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010182632015

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[3369]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

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CRIMINAL REVISION CASE NO: 1283 OF 2015

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Between:

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M.SANKAR, S/O. M. NAGAIAH, HINDU, AGED ABOUT 46 YEARS, R/O. D.NO.18-1-699 (UPSTAIRS), BHAVANI NAGAR, TIRUPATHI, CHITTOOR DISTRICT.

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...PETITIONER

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AND

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M. KRISHNAIAH CHETTY (DIED), S/O. MITTA NARAYANAPPA, AGED ABOUT 68 YEARS, R/O. D.NO.229-A, ISUKA STRRET, TIRUPATI.

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…COMPLAINANT

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M. PRADEEP KUMAR, S/O. M. KRISHNAIAH CHETTY, AGED ABOUT 42 YEARS, BUSINESS, R/O. D.NO.229-A, ISUKA STRRET, TIRUPATI.

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THE STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH.

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...RESPONDENTS

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Revision filed under Section 397 and 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 criminal revision case by setting aside the order and Judgment passed in CrI.A.No. 111 of 2013 dated 08-07-2015 on the file of the V Additional Sessions Judge, Tirupathi, in confirming the Judgment passed in STC No.237 of 2012 dated 12.03.2013 on

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the file of Special Magistrate-Cum-VI Additional Junior Civil Judge, Tirupathi and consequently acquit the petitioner herein.

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IA NO: 1 OF 2015(CRLRCMP 2021 OF 2015

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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 enlarge the petitioner herein on bail by suspending the execution of sentence imposed in STC No.237 of 2012 dated 12.03.2013 on the file of Special Magistrate Cum VI Additional Junior Civil Judge Tirupathi as conformed in Crl.A.No. 111 of 2013 dated 08-07-2015 by the V Additional Sessions Judge, Tirupati, pending disposal of the criminal revision case.

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IA NO: 1 OF 2017(CRLRCMP 4330 OF 2017

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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 vacate the interim order of this Hon'ble Court passed in Crl.RC.MP.No.2021 of 2015 in Crl.RC.No.1283 of 2015, dated 9.7.2015 and pass

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Counsel for the Petitioner:

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1.PULIPATI RADHIKA

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Counsel for the Respondent(S):

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1.SRI K. SANDEEP, ASST. PUBLIC PROSECUTOR.

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2.SURESH KUMAR REDDY KALAVA

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The Court made the following:

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O R D E R

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1. This Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the Judgment dated 08.07.2015 passed in Crl.A.No.111 of 2013 on the file of learned V Additional Sessions Judge, Tirupati (for short, ‘the 1^st Appellate Court) confirming the Judgment passed in S.T.C.No.237 of 2012 dated 12.03.2013 on the file of learned Special Magistrate-cum-VI Additional Junior Civil Judge, Tirupati.

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2. Heard and perused the record.

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3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner filed the Death Certificate of the petitioner/accused. Upon verification, the learned Assistant Public Prosecutor confirmed that the Death Certificate pertains to the petitioner/accused.

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4. In view of the death of the petitioner/accused on 06.08.2024, and since the legal representatives of the petitioner have not come forward to prosecute the matter, this Court is left with no option but to dismiss the revision case.

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5. Accordingly, the Criminal Revision Case is dismissed as abated.

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Interim orders granted earlier, if any, shall stand vacated and the miscellaneous applications pending, if any, shall stand closed.

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____________________________ JUSTICE T. MALLIKARJUNA RAO

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Date: 23.09.2025 MS

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THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

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