Shaik Gouse Basha, Spsr Nellore Dt & Anr., Vs the State of Ap., Rep Pp and Anr.

Revision filed under Section 397/401 of CrPC praying t hat in the circumstances stated in th e affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Criminal Revisi o n Case by setting aside the order dat e d 30.03.2017 passed in Crl.M.P.No.1 9 97 of 2016 in C.C.No.15 of 2016 on th e file of the IV Additional Judicial Magistrate of First Class, Nellore and pass such other order or orders as this Hon'bl e Court may deem fit and proper in the c ircumstances of the case.

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IA NO: 1 OF 2017(CRLRCMP 4336 OF 2017

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Petition under Sectio n 151 CPC praying that in the circumsta n ces stated in the affidavit filed in supp o rt of the petition, the High Court may b e pleased to condone the delay of (74 ) days in filing the Revision and pass such other

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order or orders as this Hon'be court may deem fit and proper in the interest of justice.

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IA NO: 2 OF 2017(CRLRCMP 4371 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 stay of all further proceedings in CC.No.15/2016 on the file of the IV Additional Judicial Magistrate of 1st Class Nellore

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Counsel for the Petitioner(S):

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1.M S R CHANDRA MURTHY

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Counsel for the Respondent:

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1.PUBLIC PROSECUTOR (AP)

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The Court made the following ORDER:

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1. The present Criminal Revision Case, filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is preferred on behalf of the petitioners/A.1 and A.2 challenging the order dated 31.03.2017 passed in Crl.M.P.No.1997 of 2016 in C.C.No.15 of 2016 on the file of the IV Additional Judicial Magistrate of First Class, Nellore, (for short, ‘the Trial Court’).

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2. For the sake of brevity, the parties shall hereinafter be referred to as they are arrayed in this Criminal Revision Case.

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3. It is evident from the record that petitioners herein (A.1 & A.2) filed Crl.M.P.No.1997 of 2016 in C.C.No.15 of 2016, under Section 239 of the Cr.P.C., seeking to discharge from the case. The Trial Court, after hearing the arguments advanced by both sides and upon perusal of the material on record, dismissed the petition on 31.03.2017.

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4. Dissatisfied with the order passed by the Trial Court in Crl.M.P.No.1997 of 2016 in C.C.No.15 of 2016, the petitioners herein (A.1 and A.2) have preferred the present Crl.R.C.No.2646 of 2017.

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5. When the matter was taken up for hearing, none appeared on behalf of the petitioner.

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6. Sri K. Sandeep, learned Assistant Public Prosecutor representing the respondent / State, contends that as per the status report obtained from the E- courts portal, C.C.No.15 of 2016, wherein the order dated 31.03.2017 in Crl.M.P.No.1997 of 2016 was passed, was finally disposed of by the Trial Court, resulting in the acquittal of the accused on 16.07.2019. He further contends that, in view of the dismissal of the main case, the present Criminal Revision directed against the said interlocutory order no longer survives for independent adjudication and has, therefore, become infructuous.

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7. This Court, upon a careful consideration of the submission advanced by the learned Assistant Public Prosecutor and having regard to the fact that the very Calendar Case in which the impugned order was passed has already been disposed of, is of the considered view that nothing further remains for adjudication in the present Revision Case. Since the main case has been concluded and has attained finality, any challenge to an interlocutory order passed therein has become infructuous, and proceeding with the present Criminal Revision Case would serve no useful purpose.

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

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Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed.

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________________________ T. MALLIKARJUNA RAO, J

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Date: 04.11.2025 S A K

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93

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO