Chakali Pavan Kumar v. The State of Andhra Pradesh
CRLP/6966/2025 · 2025-07-06
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23676 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23676 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010334072025 »N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^ MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6966 of 2025 Between: Chakali Pavan Kumar, S/o C. Shankar Aged 23 years, R/o D.No.1/1453, Royal Nagar, Ananthapuramu, Ananthapuram District. ...Petitioner/Accused No.1 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. at Amaravati. ...Respondent , Rep. by it's
2. The Station House Officer, Ananthapuramu I Town PS Public Prosecutor, High Court of A.P. at Amaravati. ...Respondent/De-facto Complainant Petition under Section 528 of BNSS (under Section praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to [POCSO] Sessions Case No. 69 of 2022 Judge for Trial of Offences under the Offences (POCSO) Act, Act 2012 Ananthapuramu dated 26.06.2025 on the file of the Court of Special Sessions 482 of Cr.P.C) call for the records in on the file of the Special Sessions Protection of Children from Sexual and quash the Notice Judge for Trial
of Offences under the Protection of Children from Sexual Offences (POCSO) Act, Act 2012 Ananthapuramu. to the extent of the Order of Confiscation regarding the M0.1 Motorbike bearing No. AP-39-BM-3393.
lA NO: 1 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) 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 certified copies notice in Notice dated 26.06.2025 on the file of the Court of Special Sessions Judge for Trial of Offences under the Protection of Children from Sexual Offences (POCSO) Act, Act 2012 Ananthapuramu.
lA NO: 2 OF 202fi Petition under Section 528 of BNSS (under Section 482 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 Notice dated 26.06.2025 on the file of the Court of Special Sessions Judge for Trial of Offences under the Protection of Children Sexual Offences (POCSO) Act, Act 2012 Ananthapuramu, to the extent of the
Order of Confiscation regarding the M0.1 Motorbike bearing No.
3393. Counsel for the Petitioner of of Cr.P.C) from AP-39-BM- : Sri O Udaya Kumar Counsel for the Respondents: Public Prosecutor The Court made the following order:
APHC010334072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6966/2025 Between:
1.CHAKALI PAVAN KUMAR. S/0 C. SHANKAR, AGED 23 YEARS, R/0 ROYAL D.NO.1/1453, ANANTHAPURAM DISTRICT NAGAR ANANTHAPURAMU, ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. ATAMARAVATI.
2.THE STATION HOUSE OFFICER, ANANTHAPURAMU I TOWN PS, REP. BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1.0 UDAYA KUMAR Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following;
2
ORDER:- The learned counsel for the petitioner submits that the petitioner is , arraigned as accused No.1 in (POCSO) Sessions Case No.69 of 2022, vide f
judgment dated 17.06.2025, passed by the learned Special Sessions Judge For Trial of Offences Under The Protection of Children From Sexual Offences (POCSO) Act, 2012, Ananthapuramu. The learned counsel for the petitioner submits that during the pendecy fo the trial, the petitioner had filed Crl.M.P.No.82 of 2022 seeking interim custody of his motorcycle, which was seized by the police, while arresting the petitioner. The learned Sessions Court had granted interim custody of the vehicle to the petitioner by imposing certain conditions, vide
order dated
11.03.2022.
2. It is further submitted that the petitioner has now been acquitted from the charges vide judgment dated 17.06.2025. However, the learnd Sessions Judge, instead of releasing the motorcycle bearing registration No.AP 39 BM 3393 to the custody of the petitioner, has observed that the same shall be confiscated to the State after the expiry of appeal period. The order now stands modified and the motorcycle, bearing registration No.AP 39 BM 3393, shall be released to the petitioner, which is at present in the custody of the petitioner himself, after expiry of the appeal time. The bond and surety which was furnished by the petitioner for interim custody shall also be released to the petitioner.
3.
3
4. Accordingly, the Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR f/ ^ //TRUE COPY// SECTION OFFICER To
1. The Special Sessions Judge for Trial of Offences under the Protection of Children from Sexual Offences (POCSO) Act, Ananthapuramu, Ananthapuram District. 2012,
2. The First Additional District and Sessions Judge-cum-Special Judge for POCSO Cases, Ananthapuramu, Ananthapuram District.
3. The Station House Officer, Ananthapuramu I Town Police Ananthapuram District.
4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT]
5. One CC to Sri O Udaya Kumar, Advocate [OPUC]
6. Two CD Copies Station, TK sree
HIGH COURT DATED:07/07/2025
ORDER CRLP No. 6966 of 2025 ANDW^ 1 (I JUL 20?5 . Current Section m X Co O V DISPOSING OF THE CRIMINAL PETITION