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2025 DAILYLAW 13554 (AP)

Nakkaraju Satish v. The State of Andhra Pradesh

CRLP/3486/2025 · 2025-04-02

Harinath N

body2025

Judgment text

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APHC010163712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3486/2025 Between: Nakkaraju Satish ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. R SIVA SAI SWARUP Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P. No.3486 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3486 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the cognizance order dated 26.11.2024 in NSC 29/2024, passed by the Metropolitan Sessions Judge, Visakhapatnam. It is further submitted that the cognizance order is devoid of any reasoning and appears to have been issued in a pre-stamped format with the details filled in a pre-determined manner. 3. Reliance is placed on the judgment of the Hon’ble Supreme Court rendered in the matter of Lalan Kumar Singh & Others v. State of Maharashtra1. In an identical case, the Hon’ble Supreme Court set aside a similar cognizance order and remanded the matter to the concerned Magistrate for proper consideration before passing the order. 4. Considering the submissions, the cognizance order dated 26.11.2024 is hereby set aside. The matter is remanded to the learned Metropolitan Sessions Judge, Visakhapatnam, to pass a 12022 Livelaw (SC) 833 3 CRL.P. No.3486 OF 2025 fresh order of cognizance after duly considering the material available on record. 5. Accordingly, the criminal petition is allowed. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. __________________ JUSTICE HARINATH.N Dt.02.04.2025 BV