Telangana High Court
CRLRC/716/2025 of Bethi Mallamma Vs The State of Telangana on 7 October 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL REVISION CASE NO: 716 OF 202s Criminal Revision filed under Sections 442 of BNSS Act against the order dated 17.03.2025 passed
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE NO: 716 OF 202s
Criminal Revision filed under Sections 442
of
BNSS Act against the order dated 17.03.2025 passed in Crl.lri,l.p No. 266 OF 03
lN Crl.MP. No. 65 of 023 in C.C. No. 304 of 2017 on the file of the court of the ll Addl. Junior Civil Judge - Cum - Judicial Magistrate of First Class At Karimnagar.
Between:
1. Bethi Mallamma, Wo. Raghupathi, Aged about 69 years, Occ Housewife,
2. Bethi Sudhakar Reddy, S/o. Raghupathi Reddy, Aged about 48 years, Occ Agriculture,
3. Bethi Vanaja, Wo. Bethi Sudhakar Reddy, Aged about 43 years, Occ Housewife,
4. Bethi Raghunatha Reddy, S/o. Raji Reddy, Aged about 73 years, Occ Retired Employee, Petitioners 1 to 4 are R/o Karimnagar District.
Arepally Village, Karimnagar Rural Mandal,
...Petitioners/Accused 1 to 4
AND
The State of Telangana, Rep by its Public Prosecutor, High Court Hyderabad.
Hanumandla Laxmi, Wo. Mohan Reddy, Aged about 77 years, Occ Agriculture and Housewife, R/o. Arepally Village, Karimnagar Rural Mandal, Karimnagar District.
..Respondents
lA NO: 2 OF 2025
Pelition under Section 438 & 442 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the docket order dated 1710312025 in Crl. MP.
No. 266 of 2023 in Crl. MP. No. 65 of 2023 in CC. NO. 304 of 2O1t oo the fite of ll Addl Junior Civil Judge - Cum - Judicial tvlagistrate of First Class At Karimnagar.
I
Counsel for the Petitioners : Mr. G. Madhusudhan Reddy Counsel for the Respondent No. 1: Additional Public Prosec,ttor The Court made the following: ORDER
HON'BLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE No.716 of 2025
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ORDER
Challenging the order, dated 17 03.2025 passed in Crl.M.P.No 26 6 oI 2025 in Crl.M.P.No.65 of 2023 in CC No.304 of 2017 on the file of ll Additional Junior Civil Judge-cum-Judicial tvlagistrate of First Class, at Karimnagar (for short'trial Court'), this Criminal Revision Case is filed.
2. Heard lVr.G.Madhusudhan Reddy, learned counsel for the petitioners as well as learned Additional Public Prosecutor for the respondent-State. Perused the record.
Learned counsel for the petitioners submits that the 2"d respondent herein filed a petition under section 91 of Cr'P C in Crl.fu1.P.No.65 o'f 2023 before the trial Court and an order was passed by the trial Court allovring the same and also issued summons to the petitioners. But without sending the summons the trial Court passed the impugned order which is cryptic in nature without assigning any reasons or issuing any notice or giving any chance to the petitioners to file a counter' Hence prays to allow the revtston \- . -- ='-1
IS' I ,.r .R.C.No.715 of 202 5
4. On the other hand, the learned Additional Pttl rlic Prosecutor opposed the same and prayed to dismiss this revisio I
5. Section 91 of Cr.P.C. reads as follows 1 I ) Whcncr cr arrl Court or anl olficer in charge of a I ,licc station considers thal thc production ol any document or ol er thing is ncccssary ()r clesirable lbr the purposcs of any investigl.t ,ln. inquirl. trial or othcr procccding under this Code by or before:t:h Court or oflicer. such ('orLrt rttav issue a summons. or such ollrc'lr a riritlen order. to the pcrsor.t in u'hosc possession or power such ( ocument or thing is bclicred to bc. requiring him to attend and prt,J tcc it. or to produce it. ill (l)c tinlc and placc stated in the sumrn,r rs or order.
A perusal of the record reveals that trie 1 Court has passed a cryptic order without assigning any easons and giving any notice to the petitioners, which is no1 'naintainable as per the provisions of Criminal Procedure Code ln view of the said circumstances, the imc Jgned order passed on 17 03 2025 in Crl.M.P.No.266 rf 2025 in Crl.M P.No.65 of 2023 in CC No 304 of 2017 or the file of ll Additional Junior Civil J udge-cum-J udicial Magistrate rf First Class, at Karimnagar is set aside. The trial Court is direrr;ted to issue notice to the petrtioners/accused Nos.1 to 4 by ,affording an opportunity to hear the petitioners and upon hearir g both sides to pass a reasoned order, by following due proceri rre of law '( I
IS,I Crl.R-C.No.716 of2025 I With the above directions, this Criminal Revision Case is allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed \ SD/. K. AMMA"JI DEPUW REGISTRAR G //TRUE COPY// SECTION OFFICER The ll Addl. Junior civil Judge - cum - Judicial Magistrate of First class il,5iHtril; Public Prosecutor, state of relansana' High court Buildinss' at Hyderabad (OUT) ;;;';; i; Mt. G. Madhusudhan Reddv' Advocate [oPUCl Two CD CoPies To,
DL/SA o
( E T r HIGH COURT DATED:07/10/202s
ORDER
CRLRC.No.716 of 2025 ALLOWNG THE CRIMINAL REVISION CASE ;,),lj ) '.i t,t :, .$ sor ++s .c- . ^(t'.:',., c,q *.'y' qo lJ- It \\ l \,,{ lorL Lo