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2025 DAILYLAW 24547 (AP)

Pogiri Krishnam Naidu v. The State of Andhra Pradesh

CRLP/7171/2025 · 2025-07-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010346722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS ft ■FI -ol: i t4 I Iv4 /> .4~'/ I MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE *h--. .-'TV PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7171 OF 2025 Between: 1. Pogiri Krishnam Naidu, S/o Late Surayya, Aged 45 years, Occ Asst. Sub-Inspector, R/o S. Rangarayapuram Village, Santhakaviti Mandal, Vizianagaram District, (Erstwhile Srikakulam District). 2. Pogiri Ramakrishna, , S/o Late Appalanaidu, Aged 37 years, Occ Cultivation, R/o S. Rangarayapuram Village, Santhakaviti Mandal Vizianagaram District, (Erstwhile Srikakulam District) ...PETITIONERS/A.1&2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT 2. Pogiri Satyam Naidu, S/o Late Surayya, Aged 60 years, Occ Cultivation, R/o S. Rangarayapuram Village, Santhakaviti Mandal District, (Erstwhile Srikakulam District). Vizianagaram ...RESPONDENT/COMPLAINANT 4 e 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 entire proceedings in C.C No. 378 of 2022 on the file of the court of Learned Judicial Magistrate of First Class, Rajam. 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 to grant stay of all further proceedings including of the Petitioners in C.C.No.378 of 2022 on the file of the court of appearance for Judicial Magistrate of First Class, Rajam, pending disposal of the Criminal Petition. mam Counsel for the Petitioners : SRINIVAS AMBATI Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : L 1 /V APHC010346722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7171/2025 Between: 1.POGIRI KRISHNAM NAIDU, S/0 LATE SURAYYA, AGED 45 YEARS. OCC ASST. SUB-INSPECTOR, R/0 S. RANGARAYAPURAM VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT, (ERSTWHILE SRIKAKULAM DISTRICT). 2.POGIRI RAMAKRISHNA, , S/0 LATE APPALANAIDU, AGED 37 YEARS, OCC CULTIVATION, R/O S. RANGARAYAPURAM VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT, (ERSTWHILE SRIKAKULAM DISTRICT) ..PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.POGIRI SATYAM NAIDU. S/0 LATE SURAYYA. AGED 60 YEARS OCC CULTIVATION. SANTHAKAVITI MANDAL VIZIANAGARAM DISTRICT, (ERSTWHILE SRIKAKULAM DISTRICT). R/O S. RANGARAYAPURAM VILLAGE. ...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 Courtpleased to quash the entire proceedings in C.C No. 378 of 2022 on the file of the court of Learned Judicial Magistrate of First Class, Rajam 1 2 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 grant stay of all further proceedings including of the Petitioners in C.C No. 378 of 2022 on the file of the court of appearance Learned Judicial Magistrate of First Class, Rajam, pending disposal of the main Criminal Petition Counsel for the Petitioner/accused{S): 1.SRINIVAS AMBATI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7171/2025 ORDER; The instant petition under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos. 1 and 2, seeking quashment of the proceedings pending against them in C.C.No.378 of 2022 on the file of the learned Judicial Magistrate of First Class, Rajam, for the offence punishable under Sections 447, 379 r/w411, 34 of l.P.C. Heard Sri Srinivas Ambati, learned counsel for the petitioners/Accused 2. Nos. 1 & 2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioners would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners, by dispensing the presence of the petitioners/Accused Nos. 1 3. and 2 before the Trial Court. Learned Assistant Public Prosecutor would submit that the Court may 4. pass appropriate orders. Considering the submissions made, the Criminal Petition is disposed of. However, the presence of the petitioners/Accused Nos. 1 and 2 before the Trial Court is dispensed with unless their presence is specifically directed by 5. the Trial Court. I 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- M.SRINIVAS ASSISTANT REGISTRAR closed. //TRUE COPY// OFFICER SE To, 1. The Judicial Magistrate of First Class, Rajam. 2. One CC to SRI. SRINIVAS AMBATI Advocate [OPUC] 3. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] 4. Two CD Copies Pmg TAC HIGH COURT DATED:14/07/2025 ORDER CRLP NO. 7171 OF 2025 ^ 3 0 JUL 2025 )% SsCurrent S«ti5iv^''i^ DISPOSING THE CRLP