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2025 DAILYLAW 16140 (AP)

M SREERAMULU NAIK v. THE STATE OF ANDHRA PRADESH

CRLP/3169/2024 · 2025-08-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010209442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3169/2024 Between: 1. M SREERAMULU NAIK, S/O. NAGENAIK, AGED 47 YEARS, OCC BUSINESS, R/O. SUNDUPALLI VILLAGE AND MANDAL, YSR KADAPA DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH P.S. CHIPPAGIRI POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, AMARAVATHI, FOR THE ANDHRA PRADESH. 2. SRI S SHAMSEER BASHA, SPECIAL ENFORCEMENT BUREAU, KURNOOL. REP. BY ITS PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. KALLA TULASI DURGAMBA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court Made the Following Order: The instant petition under Section 482 of Cr.P.C. has been filed by the Petitioner/Accused No.32, seeking quashment of proceedings against him in C.C.No.137 of 2023 on the file of the learned Judicial Magistrate of First Class, Alur, for the offences under Sections 143, 332, 427, 120(B), 188 and 341 read with 34 IPC and Sections 3 and 4 of the A.P. Gaming Act and Section 34(A) of the A.P. Excise Act. 2. Heard Sri K.Tulasi Durgamba, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the respondent No.1/State. Perused the record. 2 3. Learned counsel for the petitioner would submit that there are no specific allegations against the petitioner to connect him with the alleged offence. Learned counsel further would submit that only to harass the petitioner, he was falsely implicated in the present case. Hence, prays for quashment of proceedings against him. 4. Learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioner and truth or otherwise of the said allegations have to be revealed during the course of trial. Hence, prays to dismiss the present petition. 5. The material on record goes to show that there are specific accusations are made against the petitioner and it is premature for this Court to conduct a thorough enquiry into the disputed questions of fact in a petition filed under Section 482 Cr.P.C. and quash the proceedings. 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings and, accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 06.08.2025 Asr 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3169 of 2024 Dt.06.08.2025 Asr