APHC010314762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6604 OF 2Q2fi BETWEEN: Komati Krishna, S/o. Govindu, Aged about 32 Temple, Merlapalam Village, Atreyapuram Mandal A.P. years, R/o. Near Akulamma East Godavari District, ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh, Amaravati. 2. Namana Durga Prasad Rao, S/o. Satyanarayana Murthy^ 47 years, R/o. D.No.1-80, Alamuru Village and Mandal District, Andhra Pradesh. aged about East Godavari ...Respondents praying that in the circumstances Petition under Section 528 of BNSS stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the order in Crl.MP.No.302 of 2025 in C.C.No.821 of 2021 on the fiie of in The Court of the Speciai Magistrate, Aiamuru and sent the EX P.1 & Ex. P.2 to the opinion of the hand writing expert. i b lA NO: 1 OF 2n?fi / / Petition under Section 482 of Cr.P.C and 528 of BNSS ^ circumstances stated in the Memorandum of Grounds ‘iHigh Court may be pleased to stay of all further No.821/2021 on the file of Special Magistrate, District. praying that in the f of Criminal Petition,the proceedings in CC Alamuru, East Godavari Counsel for the Petitioner:- SRI. SRIMAN Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following Order: 1 HNJ Crl.P.No.6604 2025 ;■ / APHC010314762025 /' / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] / k TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6604/2025 Between: Komati Krishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SRIMAN Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2 HNJ Crl.P.No.6604_2025 The Court made the following Order: The petitioner is aggrieved by the order passed in Crl.M.P.No.302 of 2025, in C.C.No.821 of 2021, on the file of the Special Magistrate, Alamuru. The petitioner is facing trial for the alleged offence under Section 138 oftheNIAct. The petitioner filed a petition seeking to send the original cheque and the promissory note for comparison of the signatures to complete the examination by the forensic laboratory. The learned Special Magistrate, Alamuru, dismissed the petition on | 06.06.2025. The learned counsel for the petitioner submits that the learned Magistrate has not considered the petition on merits and, without assigning any valid reasons, has dismissed the petition solely on the ground that the petitioner filed the petition under Section 311 of the Cr.P.C., though the petition was filed under Section 45 of the Indian Evidence Act, 1872. Heard both the learned counsel. Perused the order. As seen from paragraph 2 of the order, it clarifies the stage of the case and the opportunities that were granted to the petitioner, which the petitioner could not utilize in time. 1. 2. 3. / 4. 5. 6. 3 Hk Crl.P.No.6604_20a arguments after completion 7. Considering that the of the complainant matter was posted for s evidence, and the the present petition 1872 was filed matter was then posted for the accused’s arguments Indian evidence Act, dismissed. under Section 45 of the belatedly, and was rightly the well- Magistrate. This Court has no grounds to interfere with considered and well- reasoned order passed by the learned 8. Accordingly, the Criminal Petition iIS dismissed, petitions, if any, shall stand closed. As a sequel, pending miscellaneous Sd/-B PRASADA RAO assistant registrar //TRUE COPY// SECTION OFFICER To, 2 ?ne CC Magistrate, Alamuru, East Godavari District. 4. One CC to Sri. Sriman, Advocate [OPUC] 3. Two CCs to Public Prosecutor, 4. Two C.D Copies. High Court of Andhra Pradesh at Amaravathi. [OUT] SSL NM high COURT DATeO;01/07/2025 ORDER CRL.P.NO. 6604 OF 2025 CR/MINAL PETITION dismissed.