APHC010305882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■I THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6338 OF 2025 Between: A.Srinivasa Baba Prasad, vS/o Late Mohan Rao, Aged about 53 years, Occ Business, R/o Andhavarupu Street, Hiramandalam Village, Hiramandalam Mandal, Srikakulam District. ...Petitioner/Accused AND 1. The State of AP, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi. 2. The Joint Collector and E.O.E.D., A.P.S.C.S.C.L, Srikakulam District Srikakulam. j ...Respondents Petition under 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 quash the petition in C.C. No. 323 of 2016 on the file of Judicial Magistrate of First Class, Amudalavalsa, Srikakulam. lA NO: 1 OF 207.*; Petition under Section 528 of BNSS stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Learned Judicial Magistrate of First Class, Amudalavalsa to dispose of the C.C. No. 323 of 2016 Magistrate of First Class, Amudalavalsa, Srikakulam, expeditiously in a fixed time frame. praying that in the circumstances on the file of Judicial Counsel for the Petitioner: Sri T D Phani Kumar, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: - The Court made the following: 7 APHC010305882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6338/2025 Between; 1.A SRINIVASA BABA PRASAD, S/0 LATE MOHAN RAO, AGED ABOUT 53 YEARS, OCC BUSINESS, R/0 ANDHAVARUPU STREET, HIRAMANDALAM VILLAGE, HIRAMANDALAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P., AMARAVATHI 2.THE JOINT COLLECTOR AND EOEDAPSCSCL, SRIKAKULAM DISTRICT, SRIKAKULAM. ...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 Courtmay be pleased to quash the petition in C.C. No. 323 of 2016 on the file of Judicial Magistrateof 1st Class, Amudalavalsa, Srikakulam, 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 Pleased to direct the Learned Judicial Magistrate of 1st Class, Amudalavalsa to dispose of the C.C. No. 323 of 2016 on the file 2 CRLP.N0.6338 OF 20, Amudalavalsa, Srikakulam, expeditiously of Judicial Magistrate of 1st Class, in a fixed time frame and Counsel for the Petitioner/accused: 1.T D PANI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: pass 3 HN,J CRL.P.N0.6338 OF 2025 THE HONOURABLE SRI JUSTICE HARINATH.N rpiMlNAI PETITION NO: 6338/2025 ORDER:- counsel for the petitioner submits that the petitioner is facing j the file of Judicial Magistrate of First Class, Learned trial in C.C.No.323 of 2016 on Amudalavalsa, Srikakulam District. 2. It is submitted that the petitioner has diligently attended the Court and it initially except for two of the listed witnesses, none of behalf of the prosecution. It is further closed by the learned is further submitted that the witnesses turned up for deposing on submitted that the evidence of LW-1 to LW-3 was Magistrate on 17.11.2022. The evidence of LW-4 to LW-6 was also posted on in the Court. Thereafter, the 23.03.2023 due to their non appearance prosecution has filed a petition allowed on 11.04.2024, but none for recall of the witnesses and the same was of the witnesses turned up for deposing. The matter was subsequently heard on 21.06.2024 and posted for pronouncement of judgment on 28.06.2024. The judgment was not pronounced on 28.06.2024 and after lapse of five months, the prosecution has filed another petition for recall of the witnesses, the said petition was dismissed. It is submitted that no steps have been taken by the prosecution against suffer on account of available for the purpose of 3 order of dismissal. However, the petitioner may inability of the prosecution for making witnesses the trial. counsel for the petitioner submits that pendency of this case iIS Learned causing hindrance to the petitioner's business prospects. 5. Considering the same, the Criminai Petition is disposed off, direcfing the learned Judicial Magistrate of First Class 4. Amudalavalsa to dispose of C.C.No.323 of 2016 with the four (04) weeks from the date As a sequel, pending miscellaneous CRLP.NO.6338 OF 202v on record, within a period of material available of receipt of a copy of the order. petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Judicial Magistrate of 2 OnfCr, Q T '^'"udalavalsa, Srikakulam. 2. One CC to Sn T D Phani Kumar 3. Two CCs to the Advocate [OPUC] PUBLIC PROSECUTOR High Court of Andhra Pradesh [OUT] 4. Two CD Copies GPC sree HIGH COURT DATED:26/06/2025 ORDER CRLP 6338/2025 disposing of this criminal petition