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2025:APHC:57958

APHC010157712019

IN THE HIGH COURT OF ANDHRA PRADESH

ATAMARAVATI [3521]

(Special Original Jurisdiction)

SATURDAY, THE TWENTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL REVISION CASE NO: 573/2019

Between:

1.M.NAGA MALLESWARI, W/O KRISHNA RAO, AGED ABOUT 25

YEARS, R/O MATURU VILLAGE, MADHIRA MANDAL, KHAMMAM

DISTRICT.

2.NAMBURI CHARAN SUJITH,, S/O SRINIVASA RAO, AGED ABOUT 27

YEARS, R/O KANCHIKACHERLA VILLAGE AND MANDAL, KRISHNA

DISTRICT.

...PETITIONER(S)

AND

STATE OF AP, through Sub-Inspector of Police, Kanchikacherla Police

Station, rep. by Public Prosecutor, High Court atAmaravati.

...RESPONDENT

Counsel for the Petitioner(S):

1.P NARASIMHULU

Counsel for the Respondent:

1.PUBLIC PROSECUTOR (AP)

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Crl.R.C.No.573of2019

The Court made the following:

ORDER:

The Criminal Revision Case has been filed under Sections 397 and 401

of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) challenging

the interlocutory order filed under Section 242 of ‘the Cr.P.C.,’ to receive the

sale agreement copy and mark the same on behalf of the prosecution.

2. No representation for the Petitioners. Case is of the year 2019, one of

the oldest cases. Hence, Sri Shaik Ismail, learned Counsel is appointed as

learned Legal Aid Counsel for the Petitioners. The Secretary, High Court Legal

Services Committee is directed to issue necessary orders in this regard.

3. Heard both the learned Legal Aid Counsel and the learned Assistant

Public Prosecutor.

4. Thoughtful consideration is bestowed on the arguments advanced by

the learned Assistant Public Prosecutor and the learned Counsel for the

petitioners. I have perused the entire record.

5. Impugned order was passed on 10.04.2019 on an application filed

under Section 242 of ‘the Cr.P.C.’, to receive the sale agreement copy and

mark it on behalf of the prosecution and that application was allowed. The

impugned order is purely an Interlocutory Order against which no revision is

maintainable under Section 397(2) of ‘the Cr.P.C’.

6. Ex-facie the order passed by the learned Appellate Court is interlocutory

in nature, against which revision is not maintainable under Section 397(2) of

'the Cr.P.C.,' as per the judgment of the Hon’ble Apex Court in Madhu Limaye

v. State of Maharashtra1, wherein at para No.10 it is held as under:

“10. As pointed out in Amar Nath case the purpose of putting a bar on the

power of revision in relation to any interlocutory order passed in an appeal,

1(1977)4SCC551

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Crl.R.C.No.573of2019

inquiry, trial or other proceeding, is to bring about expeditious disposal of

the cases finally. More often than not, the revisional power of the High

Court was resorted to in relation to interlocutory orders delaying the final

disposal of the proceedings. The Legislature in its wisdomdecided tocheck

this delay by introducing sub-section (2) in Section 397. On the one hand, a

bar has been put in the way of the High Court (as also of the Sessions

Judge) for exercise of the revisional power in relation to any interlocutory

order, on theother, thepower has been conferredin almost thesame terms

as it was in the 1898 Code. On a plain reading of Section 482, however, it

would follow that nothing in the Code, which would include sub-section (2)

of Section 397 also, “shall be deemed to limit or affect the inherent powers

of the High Court”, But, if we were to say that the said bar is not to operate

in theexercise of the inherent power at all, it will be setting at naught one of

the limitations imposed upon the exercise of the revisional powers. In such

a situation, what is the harmonious way out? In our opinion, a happy

solution of this problem would be to say that the bar provided in sub-section

(2) of Section 397 operates only in exercise of the revisional power of the

High Court, meaning thereby that the High Court will have no power of

revision in relation to any interlocutory order. Then in accordance with one

of the other principles