✦ High Court of India · 04 Sep 2025

High Court · 2025

Case Details High Court of India · 04 Sep 2025
Court
High Court of India
Decided
04 Sep 2025
Length
1,007 words

Acts & Sections

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI l.A.No.1 of 2025 ln/And CRIMINAL REVISION CASE NO: 545 OF 2025 Criminal Revision Case filed under Section 438 and 442 of BNSS Act against the Judgment 11.08.2023 made in Crl.M.P No.734 of 2O22 in Sr. -Cr.No.111/2018 on the file of the I Additional Junior Civil Judge- N]331412022 in cum-l Additional Judicial Magistrate of First Class, Hanamkonda. Between: Allam Nagaraju, S/o Eshwaraiah, Practitionei, R/o H.No. l 1-23-236811, Warangal District Aqed about 50 years, Occ.Legal Navayuga Colony, DeshaiPet Road. ...Petitioner/ComplainanUPetitioner in l.A.No.1 ot 2025 AND 1 2 3 4 The State of Telangana, Represented by Public Prosecutor, High Court of Telangana, Hyderabad Respondent Katta Prabhakar Reddy, S/o Late Sitharam Reddy, Aged about 54 years, Occ' Software Engineer, R/6 Madikonda Village, Kazipet Mandal, Hanamkonda District. Presently residing at U.S.A. Mathi reddv Venkat Reddv, S/o Chandra Reddy, Aged aboutT4 years, Occ' Retired Emolovee. R/o H.No.1-9-73512, Postal Colony, Subedari, Hanamkonda District, GPA Holder of Katta Prabhakar Reddy. Katta Jagan Mohan Reddy, S/o Late Sitharam Bq9qV 4g"O about 54 years, Occ. Ret'ired Railway Emfloyee, R/o H.No.1-9-735/2, Postal Colony, Subedari, Hanamkonda District.

5. Katta Komal Reddy, S/o Late Sitharam Reddy Aged about 60 years, Occ Railway Khalasi, R7o Kadipikonda Village, Kazipet Mandal, Hanamkonda District ...Respondents 2 to 4/Accused No.1 o 4/ Respondents in l.A.No.1 ot 2025 lA NO: 1 OF 2025 Petition under section 5 of Limitation Act, praying tha: n the circumstances stated in the affidavit filed in support of the petition, the {igh Court may be pleased to condone the delay of 327 days in filing the above CRL'RC in brl.M.P.No.734 12O22 dated 11-08-2023 in Sr.No.3374/ 202'2 in Cr. No' 111/2018 on the file of lAdditional Junior civil Judge-cum-l Additional . udicial Magistrate of First Class, Hanamkonda. lA NO: 3 OF 2025 Petition under Section 528 of BNSS praying that it the circumstances stated in the affidavit filed in support of the petition, the ligh Court may be pleased to suspend the impugned order passed in crl.M.F .No.73412022 daled 11-08-2023 in SrNo.3374 12022 in Cr.No,11112018 0n th: file of I Additional Junior civil Judge-cum-l Additional Judicial Magistrir -' of First class Hanamkonda. lA NO: 4 OF 2025 Petition under Section 528 of BNSS praying that il the circumstances stated in the affidavit filed in support of the petition; the ligh Court may be pleased to direct the respondent of 6 & 7 to initiate the in v :stigation and cross verification against the Accused No.1 to 4 for cheating rnd forgrey for the unregistered document 04t12t1960 and the same is impour t ed in the year 2008 by producing the forged document before the RDO, Wali ngal and also take cognizance of the offence UIS 420,465,467,468,471 IPC r/rn' ;ection 343 and 506 IPC. Counsel for the Petitioner: SRI E R SAVITHRI Counsel for the Respondent No.1 : ADDITIONAL PUBLIC P i f,SECUTOR Counsel for the Respondent No.3,4 & 5: SRI NADIPALLY At ANDA RAO The Court made the following: COMMON ORDER // , THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI INTERLOCUTORY APPLICATION No.1 of 2025 IN/AND CRIMINAL REVISION CASE No.545 ot 2025 COMMON ORDER: This Criminal Revision Case is filed by the petitioner- complainant seeking to set aside the impugned order dated

11.O8 2023 passed in CRL.M.P.No.734 of 2022 in S.R.No.3374 of 2022 in Crime No.111 of 2022 by the learned I Additional Junior Civil Judge-cum-l Additional Judicial [t/agistrate of First Class, Hanumakonda, along with the lnterlocutory Application No.1 of 2025 seeking to condone the delay of 327 days in filing the main Criminal Revision Case

02. When the matter was taken up for hearing, learned counsel appearing for the unofficial respondents brought to the notice of this Court that the very same petitioner had earlier filed Criminal Revision Case No.70 of 2024 before this Court, arising out of the same cause of action, and the said revision was dismissed by this Court by order dated 24.10.2024. lt is further submitted that concealing the said fact, the present Criminal Revision Case has been filed, which in effect amounts to a second revision 2

03. Learned counsel for the petitioner airly conceded to the above factual position and admitted I rat the earlier revrsron was indeed dismissed by this Court

04. lt is a setfled principle of law that fi i rg of a second revision against the same cause of action is i" permissible in view of the bar contained under Section 397(3) t ;r.p.C. Once a revision has already been considered and di:;i rissed by this Court, the petitioner cannct be permitted to re_r litate the very same issue by filing another revisron petition un I :r the guise of challenging the same order or proceedings.

05. ln view of the above and irpon .ecording submissions of the learned counsel on either sick , this Court is of the considered opinion that the present Crir inal Revision Case, as well as the lnterlocutory Applicatior filed seeking condonation of delay in its flling, are not maintai rable and are liable to be dismissed. 06 Accordingly, the interlocutory Aptr lication and Criminal Revision Case are dismissed as not mair:ainable. {- ,:: 3 l / Pending miscellaneous applications, if any, shall stand closed A SD/-P CTT38$PHH3i&HiA /u SECTION OFFICER //TRUE COPY/' To, 1 The I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First

2. J. 4 Class, Hanamkonda The Station House Otttcer' Two CCs to Public Prosec Hvderabad [OUT] S'; E R savithri Aclvocate IoPUcl ;ffi[; one CC to Sri Nadipally nn'nO' Rao' Advocate [OPUCI #?ffil'#l'ffi ?i:'3i:,5:i ?T,l".!xx' "' 5 o Two CD CoPies *.'w HIGH COURT DATED: 0410912025 I l I , COMMON ORDER l.A.No.1 ol 2025 ln/And CRLRC.No.545 ol 2025 -,a:r:a:-'-"^ 1$ t"i ?ffi /,, ; .-, i'. -i\:r. '" t .-i),i: 1,,,' ', 1 -. \ I -') f:'1, ,/ DISMISSING THE l.A. and CRLRC AS NOT MAINTAINABLE

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