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2025 DAILYLAW 23868 (AP)

ASHOK v. THE STATE OF AP

CRLP/5469/2020 · 2025-07-22

Venkata Jyothirmai Pratapa

Original Suitbody2025

Judgment text

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APHC010336242020 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF JULY^fe^ TWO THOUSAND AND TWENTY FIVE Oi' ulXOI I; li PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 5469 OF 2020 AND 3462 of 2020 CRIMINALPETITIONNos: 5469 OF 2020: Between: 1. Ashok, S/o. Rama Rao, Age: 36 Years, Occ: Business, R/o.H.No.41- 556, Kothapeta, Kurnool town, Kurnool District. 2. Samudram Venkata Ramana, S/o.S.Prakasham, Age; 33 Years, Occ; Business R/o.H.No.4-151, SC Colony District. 3. E.Rama Krishna, S/o.E.Yerramala, Age; 34 Years, Occ: Business R/o.H.No.40-790, Dharampeta, Kurnool Town. 4. Sakunala Naveen Kumar, S/o.S.Chandra Sekhar, Age: 43 Years, Occ: Business, R/o.H.No.49/50A, Shram Nagar, Kurnool Town, Kurnool District. 5. K.Nagharaju, S/o.K.Mallanna, Age; R/o.H.No.69/110, Kuruva Street, Joharapuram, Kurnool District. 6. Cheekati Hemanth, S/o.C.Krishna Murthy, Age: 29 Years, Occ: Business, R/o.H.No.43-238-102, N.V.R.PIaza, Town. 7. Reddypogu Purushotham Raju, S/o.R.Lakshman Rao, Age: 32 Years, Occ: Business, R/o.H.No.40/234, Bangarupeta, Kurnool Town, Kurnool District. Nidzur, Kurnool Mandal and 38 Years, Occ; Business N.R.Peta, Kurnool ...Petitioners/Respondents 4 to 10 r AND 1. The State of A.P., Rep. by Public Prosecutor, High Court of A.P. at Amravathi. 2. The Mandal Executive Magistrate and Mandal Tahsildar, Kurnool Mandal, Kurnool District. State of AP.. ...Respondents/Respondents Petition 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 quash the criminal proceedings vide M.C.No.87 of 2020 dated 09.07.2020 initiated by the Mandal Executive Magistrate and Mandal Tasildhar, Kurnool Urban U/s.110 (e) & (g) Cr.P.C., against the petitioners the basis of the information given by Police, Kurnool ll-Town Police Station in pursuance of Cr.No.429 of 2020 dated 09.07.2020 registered U/s.110 (e) & (g) Cr.P.C., as illegal, wholly unjustified and without application of mind for following the procedure U/s.110 to 114 of Cr.P.C., contained in Chapter-VIII of Cr.P.C. lA NO: 2 OF 2020 Petition 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 stay all further proceedings including the bonds dated 09.07.2020 executed by the petitioners in M.C.No.87 of 2020 dated 09.07.2020 for good behavior with a surety of Rs.2.00 lakhs before the Mandal Executive Magistrate and Mandal Tasildhar, Kurnool Urban pending disposal of quash petition. on not Counsel for the Petitioners: Sri A.Tulsi Raj Gokul, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. APHC010231472020 CRIMINAL PETITION NO: 3462 OF 2020: Between: 1. K.E.Prabhakar, S/o.K.E.Madanna, Age: 63 years, Occ: Member of Legislative Council, R/o. H.No. 2-30, Kambalapadu Village, Pathikonda, Kurnool District. 2. K.Satyanarayana, S/o.K.Subrahmanyam, Aged: 52 years, Occ: Business, R/0.43-253-B3, N.R.Peta, Kurnool Town, Kurnool District. 3. K.Vijay Kumar, S/o. K.Subrahmanyam, Aged: 55 years, R/o. H.No. 40- 790-3, Nehru Nagar, Kurnool Town, Kurnool District. ...Petitioners/ Respondent Nos. 7 IG fj AND 1. The State of A.P., Rep. by Public Prosecutor, High Court of A.P. at Amaravati. 2. The Mandal Executive Magistrate and Mandal Tahsildar, Kurnool Mandal, Kurnool District, State of AP. ...Respondents/ Respondents Petition 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 please to quash the criminal proceedings vide M.C.No.87 of 2020 dated 09.07.2020 initiated by the Mandal Executive Magistrate and Mandal Tasildhar, Kurnool Urban U/s.110 (e) & (g) Cr.P.C., against the petitioners the basis of the information given by Police, Kurnool ll-Town Police Station in pursuance of Cr.No.429 of 2020 dated 09.07.2020 registered U/s.110 (e) & (g) Cr.P.C., as illegal, wholly unjustified and without application of mind for not on following the procedure U/s.110 to 114 of Cr.P.C., contained in Chapter-VIII of Cr.P.C. lA NO: 1 OF 2020 / Petition 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 stay all further proceedings including the bonds dated 09.07.2020 executed by the petitioners in M.C.No.87 of 2020 dated 09.07.2020 for good behavior with a surety of Rs.2.00 Lakhs before the Kurnool Urban pending Mandal Executive Magistrate and Mandal Tasildhar disposal of quash petition. Counsel for the Petitioners: Sri A.Tulsi Raj Gokul, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. The Court made the following order: APHC010336242020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5469/2020 Between; AGE. 36 YEARS, OCC. KOTHAPETA, KURNOOL TOWN, 1.ASHOK, ASHOK, S/0.RAMA RAO BUSINESS R/O.H.NO.41-556, KURNOOL DISTRICT. 2.SAMUDRAM VENKATA RAMANA, S/O.S.PRAKASHAM, YEARS, OCC. BUSINESS R/0.H.NO.4-151, SC COLONY, NIDZUR, KURNOOL MANDAL AND DISTRICT. AGE. 33 3.E.RAMA KRISHNA,, S/O.E.YERRAMALA, AGE. 34 YEARS, OCC. BUSINESS R/O.H.NO.40-790, DHARARNPETA, KURNOOL TOWN 4.SAKUNALA NAVEEN KUMAR,, S/O.S.CHANDRA SEKHAR, AGE. 43 YEARS, OCC. BUSINESS R/O.H.NO.49/50A, SRIRAM NAGAR, KURNOOL TOWN, KURNOOL DISTRICT. 5.K.NAGHARAJU, S/O.K.MALLANNA, AGE. 38 YEARS, OCC. BUSINESS R/O.H.NO.69/110, KURUVA STREET, JOHARAPURAM, KURNOOL DISTRICT, 6.CHEEKATI HEMANTH,, S/0.C.KRISHNA MURTHY, AGE. 29 YEARS, OCC. BUSINESS R/0.H.NO.43-238-102, N.V.R.PLAZA, N.R.PETA, KURNOOL TOWN. 7.REDDYPOGU PURUSHOTHAM RAJU AGE. 32 YEARS, OCC. BUSINESS BANGARUPETA, KURNOOL TOWN, KURNOOL DISTRICT. ...PETITIONER/ACCUSED(S) S/O.R.LAKSHMAN RAO, R/O.H.NO.40/234, j J AND 2 1.THE STATE OF AP, STATE OF A,P. REP BY PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMRAVATHI. 2.THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, KURNOOL MANDAL, KURNOOL MANDAL DISTRICT, STATE OF AP., ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 Snal P',T the“LmcraL'm ofcrounr^c® ■H M Pe'i'ion, the High Courtpleased to quash the criminal proceedinas InH M H Mandal Executive Sri and Mandal Tasildhar, Kurnool Urban U/s.110 (e) and to) Or P r anoin t th (etand to c" p Cr.No.429/2020 dt. 9.7.2020 registered U/s.110 tor not following the procedure U/s.110 to 114 of Or P r Chapter-VIII of Cr.P.C. and to of mind contained in pass lA NO: 1 OF 9n9n Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the Hioh l^®"'°''aadum of Grounds of Criminal Petition the H gh Court may be pleased pleased to dispense with the filing Certified copv alTlt ' 2 020 dt.9.7.2020 Mandal Executive Magistrate and Mandal Tasildhar, Kurnool Urban in Crl.P.No. of 2020 and lA NO: 2 OF ?n7n pass Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the HiahCoT^ ''^®'^°randum of Grounds of Criminal Petition the the bis TiO 7I20'"' P^ceedings including P..9.7.2020 fir good beh“S lltyTRSlalclbl™ diS, orq:alpeS::d pending the pass Counsel for the Petitioner/accused(S): 1.A TULSI RAJ GOKUL Counsel for the Respondent/complainant(S): 3 1 .PUBLIC PROSECUTOR (AP) CRIMINAL PETITION NO: 3462/2020 Between; 1.K E PRABHAKAR, S/O.K.E.MADANNA AGE. 63. R/0. H.NO. 2-30, KAMBALAPADU VILLAGE. PATHIKONDA, KURNOOL DISTRICT. 2.K.SATYANARAYANA, S/O.K.SUBRAHMANYAM, AGE. 52, R/0.43- 253-B3, N.R.PETA, KURNOOL TOWN, KURNOOL DISTRICT. 3.K.VIJAY KUMAR, S/0. K.SUBRAHMANYAM, AGE. 55, R/0. H.NO. 40- 790-3, NEHRU NAGAR, KURNOOL TOWN, KURNOOL DISTRICT. ...PETITIONER/ACCUSED(S) AND 1 .THE STATE OF AP, REP. BY PUBLIC PROSECUTOR. HIGH COURT OFA.P. AT AMRAVATHI. 2. THE MANUAL EXECUTIVE MAGISTRATE AND MANUAL TAHSILDAR, KURNOOL MANUAL, KURNOOL DISTRICT, STATE OF AP. ...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 Courtto quash the criminal proceedings vide M.C.No.87/2020 dt.9.7.2020 initiated by the Mandal Executive Magistrate and Mandal Tasildhar, Kurnool Urban U/s.110 (e) and (g) Cr.P.C. against the petitioners on the basis of the information given by Police, Kurnool ll-Town Police Station in pursuance of Cr.No.429/2020 dt. 9.7.2020 registered U/s.110 (e) and (g) Cr.P.C. as illegal, wholly unjustified and without application of mind for not following the procedure U/s.110 to 114 of Cr.P.C. contained in Chapter-VIII of Cr.P.C. and to pass lA NO: 1 OF 2020 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 to stay all further proceedings including the bonds dt.9.7.2020 executed by the petitioners in M.C.No.87/2020 dt.9.7.2020 for good behavior with a surety of Rs.2.00 lakhs before the Mandal Executive Magistrate and Mandal Tasildhar, petition and pass Kurnool Urban pending disposal of quash Counsel for the Petitioner/accused(S): 1.ATULSI RAJ GOKUL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 5 •V THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 5469 & 3462 of 2020 The Court made the following Oral common order; Heard Sri A.Tulasiraj Gokulu, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 2. Learned counsel for the petitioners would submit that the impugned order passed by the Tahsildar in M.C. No.87 of 2020 has become infructuous, as it was issued prior to the Municipal Elections and the proceedings were initiated merely in anticipation of commission of a crime. 3. Learned Assistant Public Prosecutor would submit that these petitions may be disposed of, since the relief sought has become infructuous. In that view, these criminal petitions are disposed of, since the relief has 4. become infructuous. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To Mandal Tahsildar, Kurnool Mandal Executive Magistrate and 1. The Mandal, Kurnool District. 2. The Station House Officer, Kurnool ll-Town Police, Kurnool District. 3. One CC to Sri. A.Tulsi Raj Gokul, Advocate [OPUC] 4. Two GO’S to the Public Prosecutor, _ High Court of Andhra Pradesh [OUT] 5. Three CD Copies GPC \ 'll HIGH COURT DATED: 23/07/2025 \ \ \ ORDER CRLP Nos. 5469 OF 2020 & 3462 OF 2020 19 AUG 2025 If' Ci ,7^ C- 19 ri. to DISPOSING OF THESE CRIMINAL PETITIONS