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2025 DAILYLAW 21346 (AP)

BURIGA MANOHAR PAUL v. THE STATE OF ANDHRA PRADESH

CRLP/6304/2025 · 2025-06-26

Harinath N

body2025

Judgment text

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APHC010301152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6304 OF 2025 Between: 1. Buriga Manohar Paul. S/o.B.Veerraju, Aged about 27 years, Occ. Student, R/o. D.No.15-67, Indira Gandhi Marg, Chinnababu Colony Thumpala, Anakapalli, Visakhapatnam. 2. Palla Narasinga Rao, S/o.P.Appalaraju 27 years, Occ. Student, Aged about R/o. D.No.7-16-75/1, Pallavari Street, Gajuwaka Old Gajuwaka, Visakhapatnam. ...Petitioners/Accused Nos. 2 & 1 AND The State of Andhra Pradesh, Chodavaram Police Station, Visakhapatnam District, Represented by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...Respondent Petition under Section 528 of BNSS old Provision under Section 482 of Cr.P.C and praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the SC NDPS No.214 of 2018 (FIR No.14 of 2018 on the file of Chodavaram Police station, Visakhapatnam District) on the file of the IX Additional District Judge, Chodavaram for the offences under Sections 20(b)(1) of the Narcotic Drugs and Psychotropic Substances, Act, 1985. lA NO: 1 OF 2025 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 to dispense with the filing of the certified copy of SC NDPS No.214 of 2018 (FIR No.14 of 2018 on the file of the Chodavaram Police Station, Visakhapatnam District) on the file of the IX Additional District Judge, Chodavaram. lA NO: 2 OF 2025 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 to grant stay of all further proceedings including appearance of the Petitioners in SC NDPS No.214 of 2018 (FIR No.14 of 2018 on the file of Chodavaram Police Station, Visakhapatnam District) on the file of the IX Additional District Judge, Chodavaram. Counsel for the Petitioner: SRI M R K CHAKRAVARTHY Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: 1 HNJ Crl.P.No.6304 2025 APHC010301152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6304/2025 Between: Buriga Manohar Paul and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.MRKCHAKRAVARTHY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Crl.P.No.6304 2025 The Court made the following Order: The learned counsel for the petitioner submits that the petitioners arraigned as accused Nos.1 and 2 in S.C. NDPS No.214 of 2018 the file of the XI Additional District Judge, Chodavaram, for the alleged offence under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned counsel for the petitioner submits that the petitioners are facing trial before the XI Additional District Judge, though the said Court does not have jurisdiction to try the offence in question. Considering the nature of allegations and the fact that the petitioners have been facing trial since the year 2019, this Court interfere at this stage. However, it is left open to the petitioners to raise all such grounds, including the issue of jurisdiction, before the trial Court. Accordingly, the Criminal Petition is dismissed. 1. are , on 2. 3. is not inclined to 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Chodavaram Police Station, District. 2. The IX Additional District Judge, Chodavaram. 3. One CC to Sri. M R K Chakravarthy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 5. Two CD Copies Visakhapatnam Chp srpp HIGH COURT DATED:27/06/2025 \ ORDER CRLP NO. 6304 OF 2025 0" 5 21 SE^ 2025 « ^ . Currenl Section m DISMISSING THE CRIMINAL PETITION