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2025 DAILYLAW 15842 (AP)

CHALLAGUNDLA BABU @ BABU v. THE STATE OF ANDHRA PRADESH

CRLP/5157/2025 · 2025-05-06

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'4 w IN THE HIGH COURT OF ANDHRA PRADESH AT AM;^ WEDNESDAY. THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5157 OF 2n2fi ‘1^ on m Between: Challagundia Babu @ Babu, S/o Sundararao, Aged about 41 R/o.19-738, Sreenivasa Colony, Piduguralla Town and Mandal, Palnadu District, A.P-522413. years. ...Petitioner/Accused No.1 AND The state of Andhra Pradesh, Through P.S., Piduguralla, Palnadu District, Rep. by Public Prosebiitor, High Court of Andhra Pradesh at Amaravathi. Jalla Rambabu S/o Ramurthy, Aged about 36 years, Occ; Cooking Master R/o. Pillutia Village, Machavaram Mandal, Palnadu District, A.P- 522413. The Honble Junior Civil Judge, Court at Piduguralla, Palnadu District. (Erstwhile Guntur District) 1. 2. 3. ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dtrect the 2 nd respondent court to split the proceedings as A2 abscond long back and expedite hearing within six months in C.C.88 of 2019 in the Hon’ble Court of Junior Civil Judge Piduguralla U/s 120(B), 420, 506 r/w 34 IPC Sec 3 & 4 AP Gaming Sec 20 (B), (ii), 8 (c) NDPS against petitioner/accused No.1. ACT This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ponnekanti Mallikarjuna Rao, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf df the Respondent No.1 and none appeared for the Respondent Nos.2 & 3 The Court made the following: 1 HN,J Crlp.No.5157_2025 APHC010203372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] ■Jf: WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5157/2025 Between: Challagundia Babu @ Babu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HN, J Crlp.No.5157_2025 The Court made the following Order: The petitioner is seeking a direction to split the proceedings pending against Accused Nos.1 and 2 in C.C.No.88 of 2019, on the file of the Court of the Junior Civil Judge, Pidugurala, for the offences under Section 120(B), 420, 506 read with Section 34 of the IPC and Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974, and Sections 20(B)(ii), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. It is submitted that this Court has quashed the case against Accused Nos.4 to 14; Accused No.3 has passed away, and Accused No.2 has been absconding for the last six years. 3. Considering the submissions, it is for the trial Court to take steps for splitting the case upon a petition or memo by the Investigating Officer, informing the Court about the inability to serve summons on the absconding accused. It is left open to the petitioner to inform the same to the Magistrate, and the Magistrate may take steps upon receiving a requisition from the concerned Investigating Officer. 4. With these observations, the Criminal Petition is disposed off. 1. As a sequel, pending miscellaneous petitions, if any, shall stand closed. j SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Junior Civil Judge, Piduguralla, Palnadu District. 2. One CC to Sri. Ponnekanti Maliikarjuna Rao, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies. HIGH COURT i DATED:07/05/2025 ORDER CRLP.No.5157 of 2025 THE CRIMINAL PETITION IS DISPOSED OFF