Dismissed¶34

Marada Gowri Naidu, Visakhapatnam., v. the State of Ap., Rep Pp and Anr.

Andhra Pradesh HC26 Oct 2025CRLRC/2256/2016

Case brief

AI extract

What is this about?

AP High Court, Amaravati - Crl.R.C. No. 2256 of 2016 - Marada Gowri Naidu v. State of A.P. & Anr. - decided 27.10.2025 by Justice T. Mallikarjuna Rao - revision under Sections 397 & 401 Cr.P.C. against DNA-test order dated 27.07.2016 (Section 45, Evidence Act) in S.C.No.113 of 2011, Mahila Court, Visakhapatnam - dismissed as infructuous; main sessions case abated on 01.12.2021 on death of accused; interim orders vacated and miscellaneous applications closed.

What did the court decide?

Recording the learned Assistant Public Prosecutor's submission that the main S.C.No.113 of 2011 stood disposed as abated on 01.12.2021 in view of the death of the accused, the Court held that the cause does not survive for adjudication and the Criminal Revision Case has become infructuous. ¶33

Marada Gowri Naidu, Visakhapatnam., Vs the State of Ap., Rep Pp and Anr. — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010570512016

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[3369]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER 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: 2256 OF 2016

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Between:

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MARADA GOWRI NAIDU, S/O.LATE CHINAM NAIDU, AGED ABOUT 37 YEARS, R/O AGRAHARAM, GM VALASA VISAKHAPATNAM.

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...PETITIONER

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AND

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THE STATE OF AP, REP PP AND ANR, REP. BY THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT HYDERABAD, HYDERABAD,.

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MARISORLA PADMAVATHI, D/O LATE GOWRI NAIDU, R/O BOMMARIKA JAGANNADHAPURAM AGRAHARAM, G.M. VALASA, VISAKHAPATNAM.

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...RESPONDENT(S):

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Revision filed under Section 397 of 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 Crl.R.C. aggrieved by the order dated 27-7-2016 in Crl.MP.No. 141 of 2016 in SC.No.113/2011 on the file of the VI Additional District Judge cum Sessions Judge, Mahila Court, Visakhapatnam.

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IA NO: 1 OF 2016(CRLRCMP 3405 OF 2016

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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 grant stay of all further proceedings pursuant to order dated 27.07.2016 in

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CrI.M.P.No. 141 of 2016 in S.C.No. 113 of 2011 as well the impugned order, on the file of the VI Additional District Judge Cum Sessions Judge, Mahila Court, Visakhapatnam.

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IA NO: 1 OF 2019

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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 extend the interim order dated 18.10.2016 granted in Crl.RC.No. 2256 of 2016 passed by this Hon'ble Court and pass

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Counsel for the Petitioner:

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1.P A K KISHORE

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Counsel for the Respondent(S):

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

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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 order dated 27.07.2016 passed in Crl.M.P.No.141 of 2016 in S.C.No.113 of 2011 on the file of learned VI Additional District Judge-cum-Sessions Judge, Mahila Court, Visakhapatnam.

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2. Heard and perused the record.

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3. As seen from the record, this Criminal Revision Case is filed against the order dated 27.07.2016 passed in Crl.M.P.No.141 of 2016 in S.C.No.113 of 2011. The Crl.M.P.No.141 of 2016 is filed under Section 45 of Evidence Act to send the petitioner along with Sai Saranya and 2^nd respondent/accused to RFSL, Hyderabad for DNA test and the petition is allowed. Against the said orders, the present revision is preferred.

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4. Learned Assistant Public Prosecutor filed a copy from the eCourts website stating that the main S.C.No.113 of 2011 is disposed as abated on 01.12.2021 in view of the death of the accused.

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5. Recording the said submission of learned Assistant Public Prosecutor and in view of the disposal of main S.C.No.113 of 2011 on 01.12.2021 as the cause does not survive for adjudication and the matter would become infructuous.

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

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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: 27.10.2025 MS

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THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

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