A / APHC010276982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 633 OF 2025 Revision filed under Section 397 & 401 of Cr.P.C., aggrieved by the Order made by the court of Special Judge for Trial in Cr.No.24 of 2012, on the file of Vangara Police Station, sitting at Laxmipeta made in S.C.No 1 of 2014 dt.19.05.2025. i. Between: 1. Ch Gangayya, S/o. Appayaa (late), aged 48 years. N. Simhachalam, S/o. Sangamesu, aged 32 years. N. Ramulamma, W/o. Sangamesu, aged 50 years. C. Sridhevi, W/o. Appadu, aged 40 years. C. Simhalamma, W/o. Gangayya, aged 45 years. B. Kasulu, W/o. Sundarrao, aged 48 years. (All are for the services etc., Ch.Gangayya, S/o.Appayya (late), aged 48 years, R/o. SC Veedhi, Laxmipeta, Kottisa, Srikakulam District- 532461) 2. 3. 4. 5. 6. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. through Public Prosecutor, High Court of A.P, Amaravathi 2. The Special Judge for Trial in Cr.No. 24 of 2012 (Vangara PS) at Laxmipeta, in S.C.No 1 of 2014, Laxmipeta, Srikakulam (District). 3. The Director of Prosecution, Government of Andhra Pradesh. 4. The Station House Officer, Vangara Police Station, Laxmipeta, Srikakulam District. ...Respondents lA NO: 1 OF 2025 Petition under Section 482(1) of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy of the order dt 19.05.2025, on the file of Special Judge for Trial in Cr.No.24 of 2012, of Vangara Police Station, sitting at Laxmipeta. lA NO: 2 OF 2025 Petition under Section 397 (1) of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Interim suspension of the impugned order dt 19.05.2025 including all further proceedings of Trail in S.C.No.1 of 2014 on the file of Special Court for Trial In Cr.No 24 of 2012 Vangara PS sitting at Laxmipeta, Srikakulam District. Counsel for the Petitioners: Sri G V Shivaji Counsel for the Respondents: Public Prosecutor The Court made the following order: 7 / APHC010276982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 633/2025 [3396] Between: 1. CH GANGAYYA, S/0. APPAYAA(LATE), AGED 48 YEARS. 2. N. SIMHACHALAM, S/0. SANGAMESU, AGED 32 YEARS. 3. N. RAMULAMMA, W/0. SANGAMESU, AGED 50 YEARS. 4. C. SRIDHEVI, W/0. APPADU, AGED 40 YEARS. 5. C. SIMHALAMMA, W/0. GANGAYYA, AGED 45 YEARS. 6. B. KASULU, W/0. SUNDARRAO, AGED 48 YEARS. ...PETITIONER(S) AND 1,THE STATE OF ANDHRA PRADESH, REP. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF A.P, AMARAVATHI 2.THE SPECIAL JUDGE FOR TRIAL IN CR NO 24 OF 2012 VANGARA PS AT LAXMIPETA, IN S.C.NO 1 OF 2014, LAXMIPETA, SRIKAKULAM (DISTRICT). 3.THE DIRECTOR OF PROSECUTION, GOVERNMENT OF ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, VANGARA POLICE STATION LAXMIPETA, SRIKAKULAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.G VSHIVAJI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The instant Criminal Revision Case has been filed by the Petitioners seeking to set aside the impugned order dated 19.05.2025 closing the evidence of P.W.1, LW.2 and L.W.11 in S.C.No.1 of 2014 on the file of the Court of V Additional District and Sessions Judge, Srikakulam. Sri G.V.Shivaji, learned Counsel for the Petitioners would submit that, during pendency of W.P.No.2435 of 2024 on the file of this Court with regard to the appointment of Special Public Prosecutor to conduct prosecution in S.C.Nos.1 of 2014 and 1 to 2021 on the file of the Court of V Additional District and Sessions Judge, Srikakulam, the learned trial Judge impugned order dated 19.05.2025 closed the evidence of P.W.1, L.W.2 and L.W.11 on the ground that they refused to give evidence. In the absence of the Special Public Prosecutor to guide the witnesses, opportunity may be given to the Petitioner till the Special Public Prosecutor is appointed. Sri V.Farooq, learned Assistant Government Pleader for Home, would submit that the Court may pass appropriate orders. 4. Admittedly, Sri Nammi Srinivasa Rao, Public Prosecutor, Principal District and Sessions Court, Srikakulam, who was appointed as Special Public Prosecutor to conduct prosecution in S.C.Nos.1 of 2014 and 1 to 2021 on the file of the Court of V Additional District and Sessions Judge, Srikakulam, resigned for the said post and another Special Public Prosecutor has to be appointed in the above cases. Therefore, as on the date of the impugned order dated 19.05.2025, there was no Special Public Prosecutor in the above cases. In view of the pendency of the request of the Petitioners to appoint Special Public Prosecutor, they did not choose to give evidence. As rightly put by the learned counsel for the Petitioners, in the absence of Special Public 2. vide 3. 3 Prosecutor to guide the witnesses to depose their evidence, the impugned order closing the evidence of P.W.1, L.W.2 and L.W.11 was passed. In that view, the Criminal Revision Case is disposed of giving liberty to 5. the Petitioners to file an appropriate application before the trial Court to recall the witnesses for their examination, soon after the appointment of Special Public Prosecutor. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K TATA RAO DEPUTY fSTRAR //TRUE COPY// i SECTION OFFICER To, 1. The Special Judge (for Trial in Cr.No.24 of 2012, on the file of Vangara Police Station), sitting at Laxmipet, East Godavari District. (Records if any) 2. The Station House Officer, Vangara Police Station, East Godavari District. ' ■ ' ■ ’ j i 3. One CC to Sri. G V Shivaji, Advocate [OPUC 4. Two CC's To ;The#dblic Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 6. Two CD Copies at SAM sree HIGH COURT DATED;19/08/2025 f ORDER CRLRC NO. 633 of 2025 i i. DISPOSING OF THE CRLRC