APHC010304212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6191/2025 Between: 1. KANUPARTHI PENCHALAIAH, S/O LATE K.SUBBAIAH, AGED ABOUT 46 YEARS, OCC GOVERNMENT EMPLOYEE (INDIAN RAILWAYS) R/O H.NO. 3/58, OBANAPALLI VILLAGE, RAILWAY KODUR MANDAL, KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, THROUGH S.H.O., TIRUPATI RSASTF P.S., TIRUPATHI DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. 2. M MURALIDHAR REDDY, S/O M.VENKATARAMI REDDY AGED 28 YEARS, OCC RESERVE SUB-INSPECTOR, RED SANDERS ANTI SMUGGLING TASK FORCE SUB-CONTROL, KADAPA. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to to quash the proceedings in PRC No. 2/2025, before the Hon'ble Judicial Magistrate of First Class For Trail of Cases Relating to Red Sander Smuggling, Tirupati, for the alleged offence U/Sec. 379 of IPC r/w 34 IPC and Sec. 20(l)(d)(i)(a) r/w 20(l)(c) ii, iii, iv, X, 36(a) r/w 32A of A.P. Forest Amendment Act, 2016 of RSASTF P.S.pursuant to the F.I.R.No. 137 of 2023 of Tirupati RSASTF Police Tirupati Districtand pass IA 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 pleased to grant stay of all further proceedings including the arrest of the petitioner in proceedings in F.I.R.No. 137 of 2023 of Tirupati RSASTF Police Tirupati District, and in Pursuance of filing the PRC.No 2 of 2025 before the Hon'ble Judicial Magistrate of First Class for Trail of cases Relating to Red Sander Smuggling Tirupati, pending disposal of the Criminal Petition, and to pass Counsel for the Petitioner/accused: 1. THOTA GOPINATH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6191 of 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner apprehending the arrest in a case in Crime No.137 of 2023. The police have subsequently filed charge sheet, which is taken on file as PRC.No.2 of 2025. The police have filed charge sheet by showing the petitioner as absconding. 2. The learned counsel for the petitioner submits that the role assigned to the petitioner in so far as the commission of alleged office is that on enquiry he informed about the prospective buyer of the Red Sandal logs. He further submits that except for the said allegation, no other role assigned to the petitioner in commission of other offence. 3. The learned Assistant Public Prosecutor submits that the police have filed charge sheet and also made it clear in the charge sheet that the efforts to apprehend the absconding accused and the police will file additional charge sheet in accordance with Section 173(8) of Cr.P.C., as and when the accused was apprehended. 4. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor and also on considering the allegations, the petitioner to approach the concerned jurisdictional Magistrate and seek for bail. The learned Magistrate shall consider the role of the petitioner as mentioned in the charge sheet and as observed by this Court while considering the bail application. 5. Accordingly, the criminal petition is disposed off. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 376 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6191 of 2025 Date: 09.07.2025 KGM