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2025 DAILYLAW 17486 (AP)

SHEIK RASOOL KALAKADA v. THE STATE OF ANDHRA PRADESH

CRLP/5226/2025 · 2025-05-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH:lAMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5226 OF 2025 Between: 1. Sheik Rasool Kalakada, S/o Sahreeb Saheb, Aged about 60 years, R/o Flat no.69. Airport Boulevard, Tukkuguda, Hyderabad. 2. Sheik Altaf Kalakada, S/6 Ra^ool Kalakada, Aged about 27 years, R/o Flat no.69. Airport Boulevard, Tukkuguda, Hyderabad. ...PETITIONER/ACCUSED 1&2 AND 1. The State Of Andhra Pradesh, Through S.H.O, Bhimadole P.S , Represented by Public Prosecutor, High Court of Andhra Pradesh Amaravathi. ..COMPLAINANT/RESPONDENT N0.1 2. Dulam Sai Babu,, S/o Satyaharayana Aged about 29 years, R/o Pulla Village, Bhimdole Mandal, West Godavari District. ... DE-FACTO COMPLAINANT /RESPONDENT N0.2 Petition under Section 528 of BNSS praying that in the circumstances stated in the Merhorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and in connection with Charge Sheet vide C.C. No. 86 of 2025 on the file of Hon’ble Court of Judicial First-Class Magistrate, Bhimadole, West Godavari for the offence punishable under Sections 420, 506 r/w 34 I PC petitioners/Accused No. 1 and 2 and quash the same against the I.A. NO: 1 OF 2025 Petition under Section . 528 of BNSS, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings i C.C. No. 86 of 2025 on the file of Hon’ble Court of Judicial praying that in the in First-Class Magistrate, Bhimadole, West Godavari for the offence punishable under Sections 420, 506 r/w 34 I PC against the petitioners/Accused No. 1 and 2 including the appearance of the petitioners herein This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SHAIK ASIF, Advocate for the Petitioner and the Public Prosecutor (AP) behalf of the Respondent No. 1,and of none appeared for the Respondent No.2. on The Court made the following order: .? V " £ APHC010238622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY.THE SEVENTHDAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5226/2025 Between: ...PETITIONER/ACCUSED(S) Sheik Rasool Kalakada and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): ( 1.SHAIKASIF Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arrayed as accused in C.C.No.86 of 2025 on the file of Judicial First Class Magistrate, Bhimadole, for alleged offences under Sections 420 and 506 read with 34 of I PC. The learned counsel for the petitioners submits that the petitioners are falsely implicated in this case and the allegation of payment of money for securing a job is only concocted. On the contrary, the petitioners intended to sell a property and collected the alleged money. Hov'ever, it is 2. also submitted that there is no proof of payment of alleged mone^^ 2 3. Heard learned counsel for the Public Prosecutor appearing for the State. Perused the record. This is the issue involved as the matter relates to factual factual aspect of the alleged transaction. Considering the same, the Criminal petitioners and learned Assistant 4. 5. requires consideration by the trial Court, cannot decide on the aspects, and this Court 6. Petition is closed, leaving it raise all the grounds presented before open to the petitioners to this petition, before the trial Court. T. As a sequel, miscellaneous this Court in applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To I 1. The Judicial First-Class Magistrate, Bhimadole, West Godavari 2. The Station House Officer, Bhimadole Police Station , West Godavari District. 3. OneCCto SRI. SHAIK ASIF, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Three CD Copies gsg high court DATED; 07/05/2025 \ ORDER CRLP.No.5226 of 2025 CLOSING THE CRIMINAL petition