O R D E R

This Criminal Revision Case is filed under Sections 438 & 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner-respondent No.1 aggrieved by the docket order, dated 16.04.2026 in Crl.Revision (SR) No.773 of 2026 passed by the learned Principal District and Sessions Judge, Mahabubabad, whereunder and whereby, a Criminal Revision Petition is filed aggrieved by the order 07.04.2026 passed by the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Torruru in Crl.M.P.No.144 of 2026 in Crl.M.P.No.764 of 2025 in D.V.C.No.18 of 2014, recalling Non-Bailable Warrant subject to condition of payment of Rs.15,000/- on or before 17.04.2026. The learned Principal District and Sessions Judge, Mahabubabad vide docket order, dated 16.04.2026 held as follows:

“How revision petition is maintainable when already Criminal appeal is pending before this Court on the same?

Hence, may be returned.”

2. Heard Sri Vijay Ashrit, learned counsel for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1.

3. Learned counsel for the petitioner would submit that no warrant could have been issued by the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Thorrur in Crl.M.P.No.144 of 2026 in Crl.M.P.No.764 of 2025 in D.V.C.No.18 of 2014 as it is against the decision of the Hon’ble Supreme Court in Alisha Berry v. Neelam Berry, Transfer Petition (Criminal) No.856/2024 wherein it is stated that no warrants can be issued except to enforce the protection order. He further submits that no notice was issued to the petitioner in Crl.M.P.No.764 of 2025 in D.V.C.No.18 of 2014 whereunder the petitioner was directed to pay Rs.15,000/- against which the petitioner filed an appeal and the same is pending. He also submits that every order passed in the Domestic Violence Cases (DVC) appeal provision is available and learned Principal District and Sessions Judge, Mahabubabad erroneously returned the Criminal Revision Petition and hence, he prays to set aside the impugned order.

4. Having regard to the submissions made by learned counsel for the petitioner and taking into consideration the judgment of the Hon’ble Supreme Court, the Criminal Revision Case is allowed setting aside the order, dated 16.04.2026 in Criminal Revision (SR) No.773 of 2026 on the file of learned Principal District and Sessions Judge, Mahabubabad.

Miscellaneous petitions, if any, pending shall stand closed.