Dismissed¶33

B.Ravi Kiran, Krishna Dt., v. the State of Ap., Rep Pp and Anr.

Andhra Pradesh HC4 Nov 2025CRLRC/1298/2017

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; Justice T. Mallikarjuna Rao; Crl.R.C./Criminal Revision Case No. 1298 of 2017; decision 05.11.2025; abatement of revision on death of accused-petitioner; Sections 397 and 401 Cr.P.C. revision against observations only; Section 311-A Cr.P.C. application for specimen signatures and handwriting sent to FSL Hyderabad; Crl.M.P.No.3376 in C.C.No.39 of 2015, Additional Judicial First Class Magistrate, Nandigama; death recorded 07.07.2023 in C.C. No. 706 of 2017; dismissed as abated; interim orders vacated; miscellaneous applications closed; no monetary relief.

What did the court decide?

None; the Criminal Revision Case was dismissed as abated on the death of the petitioner/accused, interim orders (if any) stand vacated and pending miscellaneous applications stand closed. ¶33

B.Ravi Kiran, Krishna Dt., Vs the State of Ap., Rep Pp and Anr. — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the Criminal Revision Case was dismissed as abated on the death of the petitioner/accused, interim orders (if any) stand vacated and pending miscellaneous applications stand closed.

¶33

Issue for consideration

Whether, upon the death of the petitioner/accused and the failure of his legal representatives to come forward to continue the proceedings, the Criminal Revision Case challenging the observations made in the trial Court's order dated 11.11.2016 stands abated.

¶32

Court's answer

Since the death of the petitioner/accused is not disputed by the Prosecution and the legal representatives of the deceased have not come forward to continue the proceedings, the present Criminal Revision Case stands liable to be dismissed as having abated.

¶32

Ratio / Principle

Accordingly, the Criminal Revision Case is dismissed as abated.

¶33

Key takeaways

Interim orders granted earlier, if any, shall stand vacated and the miscellaneous applications pending, if any, shall stand closed.ratio¶34

Detailed headnote1 paragraphs

Criminal Revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 against the observations 'only' made in the order dated 11.11.2016 in Crl.M.P.No.3376 of 2016 in C.C.No.39 of 2015 (Additional Judicial First Class Magistrate, Nandigama), whereby the trial Court had dismissed the Respondent No.1/Complainant's petition under Section 311-A Cr.P.C. seeking to take the specimen signatures and handwritings of the accused in open Court for transmission to FSL, Hyderabad for expert opinion. During pendency, counsel informed that the petitioner/accused had passed away, his death being recorded in the order dated 07.07.2023 in C.C. No. 706 of 2017 (a case filed against the present accused) before the Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Nandigama, with the Death Certificate on record. As the death was not disputed by the Prosecution and no legal representative came forward to continue the proceedings, the High Court dismissed the Criminal Revision Case as abated, vacated any interim orders and closed pending miscellaneous applications.

¶1

[3369]

¶2

APHC010250902017

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

¶8

CRIMINAL REVISION CASE NO: 1298 OF 2017

¶9

Between:

¶10

B.RAVI KIRAN, S/O. VENKATA RATNAM, AGE 35 YEARS, R/O. D.NO. 40-17/1-21, LABBIPETA, NEAR PWD GROUNDS, VIJAYAWADA, KRISHNA DISTRICT.

¶11

...PETITIONER

¶12

AND

¶13

THE STATE OF AP REP PP AND ANR, THROUGH STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, KRISHNA DISTRICT. REP.BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF HYDERABAD.

¶14

SRI RAM FINANCE COMPANY LIMITED, NANDIGAMA, KRISHNA DISTRICT. REP. BY ITS FINANCE MANAGER, P. NARSAPPA NAIDU, S/O. VENKATESWARLU NANDIGAMA, KRISHNA DISTRICT.

¶15

...RESPONDENTS

¶16

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 present this Memorandum of Grounds of Criminal Revision case to this Hon'ble Court being aggrieved by the observations 'only' made in the order dated 11.11.2016 in Crl.M.P.No.3376 of 2016 in C.C. No. 39/2015 on the file of the Additional judicial I Class Magistrate, Nandigama.

¶17

IA NO: 1 OF 2017(CRLRCMP 2102 OF 2017

¶18

¶19

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 condone the delay of 53 days in filing the present Crl.R.C.

¶20

Counsel for the Petitioner:

¶21

1.K S MURTHY

¶22

Counsel for the Respondent(S):

¶23

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

¶24

The Court made the following:

¶25

O R D E R

¶26

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 observations ‘only’ made in the Order dated 11.11.2016 passed in Crl.M.P.No.3376 of 2016 in C.C.No.39 of 2015 on the file of learned Additional Judicial First Class Magistrate, Nandigama (for short, ‘the trial Court’).

¶27

2. Heard and perused the record.

¶28

3. As seen from the record, this Criminal Revision Case has been filed against the order dated 11.11.2016 passed in Crl.M.P.No.3376 of 2015 in C.C.No.39 of 2015. The Crl.M.P.No.3376 of 2015 has been filed under Section 311-A of Cr.P.C. by the Respondent No.1/Complainant seeking to take the specimen signatures and handwritings of the accused in the open Court and to send the same to FSL, Hyderabad for expert opinion. By impugned order dated 11.11.2016, the trial Court dismissed the petition. Against the observations of the said order, the petitioner/accused preferred the revision.

¶29

4. Learned counsel for the petitioner submits that, as per the instructions received, the petitioner/accused has passed away. The death of the petitioner is recorded in the order dated 07.07.2023 in C.C. No. 706 of 2017 on the file of the learned Additional Junior Civil Judge-cum-

¶30

¶31

Additional Judicial Magistrate of First Class, Nandigama, which was filed against the present accused.

¶32

5. A perusal of the copy of the aforesaid order in C.C. No. 706 of 2017 reveals that the petitioner has indeed passed away, and the said order also records the filing of the petitioner’s Death Certificate. Since the death of the petitioner is not disputed by the Prosecution, and as the legal representatives of the deceased have not come forward to continue the proceedings, the present Criminal Revision Case stands liable to be dismissed as having abated.

¶33

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

¶34

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

¶35

____________________________ JUSTICE T. MALLIKARJUNA RAO

¶36

Date: 05.11.2025 MS

¶37

¶38

THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

¶39

CRIMINAL REVISION CASE No.1298 of 2017

¶40

Date: 05.11.2025

¶41

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.11.2016 passed in Crl.M.P.No.3376 of 2016 in C.C.No.39 of 2015 by the trial Court (Additional Judicial First Class Magistrate, Nandigama) dismissing the petition filed under Section 311-A Cr.P.C. by Respondent No.1/Complainant seeking to take the specimen signatures and handwritings of the accused in open Court for sending to FSL, Hyderabad for expert opinion; the Criminal Revision Case was directed against the observations 'only' made in that order.¶28
Additional Judicial First Class Magistrate, Nandigama · 11.11.2016
Prior proceeding
Underlying trial in C.C. No. 39 of 2015 on the file of the Additional Judicial First Class Magistrate, Nandigama, in which the Crl.M.P. arose.¶26
Prior proceeding
Crl.M.P.No.3376 (recorded variously in this judgment as of 2016 at paras 16/26 and as of 2015 at para 28) filed under Section 311-A Cr.P.C. by Respondent No.1/Complainant seeking to take the specimen signatures and handwritings of the accused in open Court and to send the same to FSL, Hyderabad for expert opinion.¶28
Prior proceeding
Application IA No.1 of 2017 (CRLRCMP 2102 of 2017) under Section 151 CPC filed along with the revision to condone a delay of 53 days in filing the present Crl.R.C.¶19
Prior proceeding
Death of the petitioner/accused, intimated by learned counsel for the petitioner, recorded in the order dated 07.07.2023 in C.C. No. 706 of 2017 pending before the learned Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Nandigama, which case was filed against the present accused.¶29
Prior proceeding
C.C. No. 706 of 2017 was filed against the present accused before the Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Nandigama.¶31
Prior proceeding
The order in C.C. No. 706 of 2017 records filing of the petitioner's Death Certificate; the death was not disputed by the Prosecution, and the legal representatives of the deceased did not come forward to continue the proceedings.¶32

B.Ravi Kiran, Krishna Dt., v. the State of Ap., Rep Pp and Anr.

Case brief

What is this about?

What did the court decide?

B.Ravi Kiran, Krishna Dt., v. the State of Ap., Rep Pp and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vaka Satish Kumar, Kadapa Dt., Vs Vaka Naga Sravani, Chittoor Dt & Anr, Rep Pp.

Vanukuri Srikanth, Krishna Dt., Vs v.Sri Lakshmi, Vijayawada & 2 Otrs, Rep Pp.

Nandam Mallikharjuna Rao, Krishna Dt., Vs Smt.Nandam Padmakumari, Wg.Dt & Anr, Rep Pp.

P.Visveswara Rao, Visakhapatnam., Vs the State of Ap., Rep Pp and Anr.

Vemula Veera Swamy, Machilipatnam. Vs the State of a.P., Rep. by P.P., Hyderabad.

Shaik Arif Basha, Medak Dt., Vs Shaik Salma Sulthana, Nellore & 2 Otrs, Rep Pp.