APHC010201712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 4320 OF 202^ PRATAPA Between: Juturu Surendra Babu, S/o.Narayana Settee, aged about 46 Govt Teacher, R/o.Giddangi Street, Proddutur Y.S.R. Kadapa District, Andhra Pradesh. years, Occ: Town and Mandal, ...PETITIONER/RESPONDENT/ACCUSED AND 1. Kummitha Venkata Siva Reddy, S/o.Kesava Reddy, aged about 49 years, R/o.Regadipalli Village, Mylavaram Mandal, District, Andhra Pradesh. Y.S.R.Kadapa ...RESPONDENT N0.1/PETITI0NER/C0MPLAINANT 2. The State of Andhra Pradesh, Rep. by its Public Court of Andhra Pradesh. Prosecutor at High ...RESPONDENT N0.2 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to allow the Criminal Petition, the Petition, by setting aside the _ in CC.No.554 of Order dated 17-02-2025 passed in Crl.M.P.No,3817 of 2022 i 2021 on the file of the I Additional Judicial Magistrate of First Proddatur, YSR Kadapa District. lA NO: 1 OF 2025 Class Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Order dated 17-02-2025 passed in Crl.M.P.No.3817 of 2022 in CC.No.554 of 2021 on the file of the I Additional Judicial Magistrate of First Class, Proddatur, pending disposal of the Criminal Petition. Counsel for the Petitioner : SRI V.NITESH Counsel for the Respondent No.1 : MS.K.PRIYANKA LAKSKMI, ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2 : NONE APPEARED The Court made the following ORDER : mm APHC010201712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI (Special Original Jurisdiction) • I [3396] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 4320/2025 Between: JUTURU SURENDRA BABU,, S/0. NARAYANA SETTEE, AGED ABOUT 46 YEARS, OCC GOVT TEACHER, R/0. GIDDANGI STREET, PRODDUTUR TOWN AND MANDAL, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. ...PETITION^R/ACCUSED AND 1.KUMMITHA VENKATA SIVA REDDY, S/0. KESAVA REDDY, AGED R/0. REGADIPALLI VILLAGE, MYLAVARAMMANDAL, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, AT HIGH COURT OF ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): ABOUT 49 YEARS, Counsel for the Petitioner/accused: 1.VNITESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioner / Respondent / Accused seeking to set aside the Order dated 17.02.2025 passed in Crl.M.P.No.3817 of 2022 in C.C.No.554 of 2021 on the file of the Court of I Additional Judicial Magistrate of First Class, Proddatur. 2. Sri V.Nitesh, learned counsel for the Petitioner would submit that the impugned order was passed without taking the counter filed by the Petitioner herein, into consideration. Learned counsel would further submit that the learned trial Judge may be directed to take up the matter afresh by the considering the counter filed by the Petitioner. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4. As seen from the material placed on record, as rightly put by the learned counsel for the Petitioner, counter was filed by the Petitioner / Accused in Crl.M.P.No.3817 of 2022 in C.C.No.554 of 2021 on 06.08.2024, whereas, the learned trial Judge passed in the impugned order on 17.02.2025, wherein, it was mentioned that the learned counsel for the Accused no counter. 5. In such circumstances, the Criminal Petition is allowed setting aside the Order dated 17.02.2025 passed in Crl.M.P.No.3817 of 2022 in C.C.No.554 of 2021 by the learned I Additional Judicial Magistrate of First Class, Proddatur. The matter is remanded and the learned trial Judge is requested to pass the Order afresh after taking the counter filed by the Petitioner / Accused into consideration. Pending miscellaneous petitions, if any, shall stand closed. SD/- G.HELA NAIDU ASSISTANT REGISTRAR reported //TRUE COPY// SECTION OFFICER To, 1. The I Additional Judicial Magistrate of First Class, Proddatur, YSR Kadapa District. n 2. One CC to Sri V.Nitesh, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of AP Two CD Copies 3. at Amaravati [OUT] 4. BSV TAC HIGH COURT DATED:04/08/2025 ORDER CRLP NO. 4320 OF 2025 ALLOWING THE CRIMINAL PETITION