Extracted from the PDF above. The PDF is authoritative.
APHC010320902025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6645/2025 Between:
1. AVALA PRASAD, S/O. KANNAYAA, AADHAAR NO. 7326 6257 5133. WORKING AS LECTURER IN POLYTECHNIC COLLAGE, GUMMALAKSHMIPURAM, VIZIANAGARAM DISTRICT, R/O. HOUSE BEARING D.NO. 16-57/2, 1ST FLOOR, NEAR RAMALAYAM, P.M.PALEM, VISAKHAPATNAM.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. Through SHO, Pothinamallayya Police Station (P.M.Palem police station)
...RESPONDENT/COMPLAINANT 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 quash the No.376/2025 pending on the File of the Chief Judicial magistrate Court, Visakhapatnam on the above grounds by invoking inheritance powers U/Sec.528 of BNSS Act corresponding to Section 482 of Cr.PC and pass
Counsel for the Petitioner/accused:
1. I V CH PRUDHVIRAJU Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following:
ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the
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Petitioner/A.1, seeking to quash the Proceedings against him in Crime No.376 of 2025 on the file of the Court of Chief Judicial Magistrate, Visakhapatnam.
Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent/State. Perused the material on record.
Learned counsel for the Petitioner would submit that the Petitioner had accounts in Canara Bank and State Bank of India, Parvathipuram Branch and these accounts were freeze by the Investigating Agency. Further, Petitioner is the Contract Lecturer and State Bank of India is his salary account. Due to freeze of the account, he could not get the salary and facing much difficulty and prayed for a direction to de-freeze the account of the Petitioner.
Learned Assistant Public Prosecutor would submit that there are prima facie ingredients of the offence alleged against the Petitioner and at this stage it is not a fit case for quashment of the Petition.
In that view, there are no grounds to exercise the powers under Section 482 of the Code of Criminal Procedure and it is not a fit case for quashment of the criminal Petition.
Accordingly, this Criminal Petition is dismissed. Petitioner is at liberty to workout appropriate remedies available under law by filing an application before the Trial Court.
Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Criminal Petition No.6645 2025
03.09.2025
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