Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 20289 (AP)

INDUPURI GUNNA RAJU v. THE STATE OF ANDHRA PRADESH

CRLP/5950/2025 · 2025-06-17

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V ^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5950 OF 2025 Between: Indupuri Gunna Raju, S/0 Narisinga Rao Occ Teacher, Hindu Aged about- 50 years, Beside Naidu Street, Saluru. ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh,, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Ganta Syamala, w/o Late Sakara Rao Hindu, Aged about 58 years,Kaikala Street,Salur ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CRL M.P. No.31 of 2025 in CRLA No. 29 of 2024 on the file of II nd Additional District and Sessions Judge at Parvathipuram against C.C. No.354 of 2025, dt. 10.06.2024 on the file of the Judicial Magistrate First Class, Salur pending of disposal of the Criminal Petition the interest of Justice. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant stay of all proceedings in CRL M.P. No.31 of 2025 in CRLA No. 29 of 2024 on the file of II nd Additional District and Sessions Judge at Parvathipuram against C.C. No.354 of 2025, dt. 10.06.2024 on the file of the Judicial Magistrate First Class, Salur pending of disposal of the Criminal Petition the interest of Justice This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bonu Rama Shankar Raom Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following :Order APHC010283932025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5950/2025 Between; Indupuri Gunna Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- \ The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the order passed by the II Additional District Judge, Parvatipuram, in Crl.M.P.No.31 of 2025 in Crl.A.No.29 of 2024. The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act by the Junior Civil Judge-Cum-Judicial Magistrate of First Class, Saluru, in C.C.No.354 of 2015. The petitioner was sentenced to undergo Rigorous r 2 Imprisonment for a period of six (06) months and to pay a fine of Rs.1,80,000/-. In default of payment of the fine, the accused was further directed to undergo imprisonment for a period of six (06) months. Aggrieved by the order of conviction, the petitioner has filed Crl.A.No.29 of 2024. The petitioner also filed Crl.M.P.No.31 of 2025 at the appellate stage under Section 45 of the Indian Evidence Act, praying the Court to send Ex.P1/cheque to a handwriting expert for scientific examination of the age of the ink, along with the disputed signatures and writings appearing on Ex.P1. The learned District Judge has elaborately considered the petition by duly taking into account the statements of the petitioner and the 2'''' respondent, and dismissed the petition. 2. This Court is of the considered view that there is no reliable mechanism, as on date, for determining the age of ink. The learned District Judge has elaborately considered the issue and passed a well-considered order. This Court finds no grounds to interfere with the well-considered order. 3. 4. Accordingly, this Criminal Petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTldl^FFICER To, 1. The II Additional District and Sessions Judge at Parvathipuram, Vizianagaram District. The Civil Judge (Junior Division)-cum- Judicial Magistrate First Class, Saluru, Vizianagaram District. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUC] Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. 4 r I* HIGH COURT DATED : 18/06/2025 ORDER CRLP.No.5950 of 2025 f<9 ,, O'! SEP 2025 „ mi o DISMISSING THE CRLP