Andhra Pradesh High Court
CRLRC/1234/2025 of Dasari Uday Kumar Vs The State of Andhra Pradesh on 23 March 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1234/2025 Between: 1. DASARI UDAY KUMAR, S/O RADHA KRISHNA
APHC010591832025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE NO: 1234/2025
Between:
1. DASARI UDAY KUMAR, S/O RADHA KRISHNA MURTHY,AGED 41
YEARS, R/O U.S.A., DULY REPRESENTING BY HISPOWER OF
ATTORNEY HOLDER CUM FATHER BY NAMEDASARI RADHA
KRISHNA MURTHY,R/O D.NO.2-22-70-2-302,BALAJI RESIDENCY, VIJAYA NAGAR, EENADU SOCIETY,KUKATPALLI, HYDERABAD, TELA
2. DASARI RADHA KRISHNA MURTHY,, S/O LATE SESHAIAH,AGED
60 YEARS, R/O D.NO.2-22-70-2-302,BALAJI RESIDENCY, VIJAYA
NAGAR,
EENADU
SOCIETY,KUKATPALLI,
HYDERABAD,
TELANGANA.
3. DASARI RAMA DEVI, W/O RADHA KRISHNA MURTHY,AGED 59
YEARS, R/O R/O D.NO.2-22-70-2-302,BALAJI RESIDENCY, VIJAYA
NAGAR,
EENADU
SOCIETY,KUKATPALLI,
HYDERABAD,
TELANGANA.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SUB-DIVISIONAL
POLICE
OFFICER,NELLORE
RURAL
DIVISION,
NELLORE,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF
ANDHRA PRADESH AT AMARAVATI
2. KINNERA KRISHNAIAH, , S/O RADHAIAH,AGED 59 YEARS, R/O
D.NO. 12/584, SAVARALA STREET,CHINA BAZAR, NELLORE
MUNICIPAL CORPORATION,SPS NELLORE DISTRICT.
...RESPONDENT(S):
Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to set aside the orders of the Hon’ble Principal District & Sessions Judge, Nellore in Tr.Crl.M.P.No.1555 of 2024, Dt.07.05.2025 in so far as giving directions to the extent of directing the Presiding Officer of the Special Mobile Court, Nellore i.e.. Officer Incharge of the Special Mobile Court, Nellore to take immediate steps to commit the case to the court of Sessions as erroneous and contrary to law IA NO: 1 OF 2025
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 pleased to condone the delay in 89 days in filing the present CrI.R.C
IA NO: 2 OF 2025
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 pleased to stay all further proceedings against the petitioners pursuant to the orders of the Hon’ble Principal District & Sessions Judge, Nellore in Tr.Crl.M.P.No.1555 of 2024, Dt.07.05.2025 to the extent of directing the Presiding Officer of the Special Mobile Court, Nellore i.e..
Officer Incharge of the Special Mobile Court, Nellore to take immediate steps to commit the case to the court of Sessions, pending disposal of the above Criminal Revision Case Counsel for the Petitioner(S):
1. V MAHESWAR REDDY
Counsel for the Respondent(S):
1. SIVAPRASAD REDDY VENATI
2. PUBLIC PROSECUTOR
The Court made the following:
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ORDER:
This Criminal Revision Case under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’), has been filed by the Petitioners / A.1 to A.3 seeking revision of the order dated 07.05.2025 passed in Trl.Crl.M.P.No.1555 of 2024 on the file of the Court of the Principal District and Sessions Judge, Nellore.
2. The respondent No.2/ de facto Complainant filed a case in Crime No.42 of 2015 of Santhapeta Police Station, Nellore Town against the Petitioners/ A.1 to A.3 for the offences punishable under Sections 498-A IPC, 304(B) IPC and Sections 3 and 4 of the Dowry Prohibition Act, in relation to the death of his daughter at USA. The Police filed a final report and the Learned Judicial Magistrate of First Class, Special Mobile Court, Nellore numbered the same as PRC No.4 of 2016. The respondent No.2/de facto complainant filed a petition under Section 448 BNSS, 2023 vide Transfer Crl.M.P.No.1555 of 2024 seeking to withdraw PRC No.4 of 2016 from the file of the Judicial Magistrate of First Class, Special Mobile Court, Nellore and to transfer the same to any other Court in Nellore. The Learned Sessions Judge, by Order dated 07.05.2025 disposed of the Petition directing the In-charge of the Special Mobile Court, Nellore to take immediate steps and expedite the process of committing PRC No.4 of 2016 to the Court of Sessions, Nellore Division.
3. Heard Sri V.Maheswar Reddy, learned counsel for the Petitioners/A.1 to A.3, Smt.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State and Sri Siva Prasad Reddy Venati, learned counsel for respondent No.2 and perused the material on record.
4. At the time of hearing, learned counsels representing the parties, unanimously accepted that the relief prayed in the Transfer Crl.M.P. has become infructuous since the Presiding Officer of the Court of Judicial Magistrate of First Class, Special Mobile Court, Nellore was transferred.
5. Be that as it may, the learned Sessions Judge while disposing of the Transfer Crl.M.P. directed the learned Magistrate to take immediate steps and expedite the process of committing the matter to the Court of Sessions.
6. As rightly put by learned counsel for the petitioners that learned Magistrate has to exercise the judicial discretion either to accept the refer charge sheet filed in the matter or to reject the same according to law. In the light of the directions of the learned Sessions Judge, there is no option left to the Trial Court except to obey the directions of the Sessions Court.
7. In that view of the matter, this Criminal Revision Case is allowed by setting aside the impugned order dated 07.05.2025 passed in Tr.CrlM.P.No.1555 of 2024 on the file of the Court of Principal District and Sessions Judge, Nellore. However, the learned Magistrate is directed to take a decision over the matter as expeditiously as possible according to law without adjourning the matter simply on mere asking adjournments by either side.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 24.03.2026 Mjl/*
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL Revision Case No. 1234 of 2025
24.03.2026 Mjl/*