APHC010248502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5528 OF 2025 Between: Dudiki Madhava Rao, S/o. Sambasiva Rao, Aged about 53 years, R/0.D.N0.32-4-1A, Ramasastry Street, Opposite to Navodhaya School Road, Prajasakthi Nagar, Venkateswarapuram, Vijayawada. ...Petitioner/Respondent/Accused AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Aged about 70 years, Srinagar Colony, Machavaram, Gunadala, 2. Badisa Hanumantha Rao, S/o. Papaiah R/o.D.No.54-16-8/7/182, Vijayawada Represented by his GPA, Badisa Mahdavi Latha, W/o. B.S.R.Prasad, Aged about 44 years. Residing at 234, Sree Prakasa Towers, Prajasakthi Nagar, Labbipet, Vijayawada. ...Respondent/Petitioner/Complainant Petition under Section 482 of Cr.P.C/ 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 call for the records in and relating to Order, dt.29.01.2025 in Crl.M.P.No.1716/2024 in C.C.No.237/2024 on the file of the Court of VI Additional Chief Judicial Magistrate, Vijayawada and quash the same. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C/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 stay all further proceedings in C.C No.237/2024 on the file of the Court of VI Additional Chief Judicial Magistrate, Vijayawada including appearance of accused. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Krishna Vamsi Suragani, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No.1. The Court made the following order: APHC010248502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5528/2025 Between: Dudiki Madhava Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SURAGANI KRISHNA VAMSl Counsel for the Respondent/compIainant(S): 1. PUBLIC PROSECUTOR The Court made the following; % ORDER: The petitioner is challenging the order dated 29.01.2025 passed by the learned VI Additional Chief Judicial Magistrate, Vijayawada, in Criminal Petition No.1716 of 2024 in C.C.No.237 of 2024. The petitioner is facing trial for the offences under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel for the petitioner submits that the petitioner had earlier filed an affidavit in lieu of chief examination subsequently withdrew it. Thereafter, the petitioner approached the trial Court and filed a petition seeking permission to appoint a General Power of Attorney (GPA) holder to represent him. The GPA holder also filed an affidavit in lieu of chief examination. 2. and Learned counsel for the petitioner contends that a third party cannot be brought on record in place of the complainant without having proper knowledge of the facts of the case. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the 1®* respondent- State. Perused the material available on record. 4. 5. The order passed by the learned Magistrate is well- considered. The complainant is entitled to appoint a General \ m Power of Attorney to represent him in the matter. The contention regarding whether the GPA holder is sufficiently aware of the facts of the case is a matter that can be tested during the of cross-examination before the learned Magistrate. course 6. With the above observations, the Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR KAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The VI Additional Chief Judicial Magistrate, Vijayawada. One CC to Sri. Suragani Krishna Vamsi, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. sree 4 HIGH COURT DATED:17/06/2025 ORDER CRLP NO. 5528 OF 2025 •m i n SEP 2025 X m, l<2. . Curreni aeciion DISMISSING THE CRL.P.