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2025 DAILYLAW 17472 (AP)

BENUGU SATISH SAI BABA v. THE STATE OF ANDHRA PRADESH

CRLP/5013/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010237942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI PC 'fk MONDAY, THE TWENTY FIRST DAY OF JULY |p TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 501.? nc 2025 O Between: 1. Benugu Satish Sai Baba, S/o. Pampothi R/oAnkampet Village, Paltheru, Payakaraopet Mandal, District. Aged about 28 years, Anakapalle 2. Benugu Kodanda, W/o. Pampothi, Aged about 54 years, R/oAnkampet village, Paltheru, Payakaraopet Mandal, Anakapatle District. 3. Mylapalli Thatharao, S/o. Mallay, Aged about 45 years, R/oAnkampet village, Paltheru, Payakaraopet Mandal, Anakapalle District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, Andhra Pradesh, Amaravati. 2. Chokka Bhavani, D/o. Nageswara Rao, Aged Dhanavaipet village, Thondangi Mandal, Kakinada High Court of about 18 years, R/o District. ...RESPONDENTS Petition under Section 528 of BNSS stated in the Memorandum of Grounds of Criminal praying that in the circumstances Petition, the High Court ^ may be pleased to call for the records relating to the proceedings of 2025 on the file of the Special Judge for the Trail POCSO Act, Visakhapatnam quash the same against the petitioner/A1 ,A2,A3. lA. NO: 1 OF 2n9ii in SC.No.07 of offences under the Petition under Section 482 of Cr.P.C and 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased praying that in the Petition, the may be pleased to grant stay of all further proceedings including appearance of the Petitioners in SC.No.07 of 2025 the file of the Special Judge for the Trail of offences on under the POCSO, Act Visakhapatnam. This Petition coming on for hearing, upon perusing the Memorandum of upon hearing the arguments of Sri Chittimuri Raghavaulu, Advocate for the Petitioner and the Public Prosecutor of the Respondent. The Court made the following ORDER : Grounds of Criminal Petition and on behalf APHC010237942025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] K MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5013/2025 Between: 1.BENUGU SATISH SAI BABA, S/0. PAMPOTHI, AGED ABOUT 28 YEARS, R/OANKAMPET VILLAGE, PALTHERU, PAYAKARAOPET MANDAL, ANAKAPALLE DISTRICT. 2.BENUGU KODANDA, W/0. PAMPOTHI, AGED ABOUT 54 YEARS, R/OANKAMPET VILLAGE, PALTHERU, PAYAKARAOPET MANDAL, ANAKAPALLE DISTRICT. 3.MYLAPALLI THATHARAO, S/0. MALLAY, AGED ABOUT 45 YEARS, R/OANKAMPET VILLAGE, PALTHERU, PAYAKARAOPET MANDAL, ANAKAPALLE DISTRICT. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH PROSECUTOR, AMARAVATI. REP. BY PUBLIC HIGH COURT OF ANDHRA PRADESH, 2.CHOKKA BHAVANI, D/0 NAGESWARA RAO, AGED ABOUT 18 YEARS, R/0 DHANAVAIPET VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT. ...RESPONDENT/COMPLAINANT(S); Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to call for the records relating to the proceedings in SC.No.07 of 2025 on the file of the the 2 Special Judge for the Trail of offences under the POCSO Act, Visakhapatnamand quash the same against the Petitioners / A-1A-2 and A- 3 and pass such lA NO: 1 OF 2025 i Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to grant stay of all further proceedings including appearance of the Petitioners in SC.No.07 of 2025 on the file of the the Special Judge for the Trail of offences under the POCSO, Act, Visakhapatnam, pending disposal of the present Criminal Petition arid pass such Counsel for the Petitloner/accused(S): 1.CHITTIMURI RAGHAVULU Counsel for the Respondent/complainant(S); 1.ARUN KUMAR R 2.PUBLIC PROSECUTOR 3 ^ The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners/accused Nos.1 to 3, seeking quashment of proceedings against them in S.C.No.07 of 2025. Heard Sri Ch.Ragavulu, learned counsel for the petitioners and 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. When the matter is taken up for hearing, learned counsel for the 3. Petitioners would submit that the petition may be disposed of dispensing the presence of the Petitioners before the trial Court on every adjournment. Learned Additional Public Prosecutor would submit that the Court may 4. pass appropriate orders. Considering the submissions made, the Criminal Petition is disposed of, dispensing with the presence of the accused Nos.2 and 3 before the trial Court, unless their presence is specifically directed by the trial Court. However, the petitioners are at liberty to raise all the contentions before the 5. trial Court in their defence. The learned trial Judge may appreciate the same and take an appropriate decision in accordance with law. Pending interlocutory applications, if any, shall stands closed. SDI- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for the Trail of offences under the POCSO Act, Visakhapatnam. 2. One CC to Sri. Chittimuri Raghavulu, Advocate [OPUC] 3. One CC to Sri. Arun Kumar R, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Two C.D Copies. SSL TAC I HIGH COURT DATED:21/07/2025 * ORDER CRLP NO. 5013 OF 2025 CRIMINAL PETITION IS DISPOSED OF.