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2025 DAILYLAW 24765 (AP)

Dasari Aloysious Raju v. The State of AP

CRLP/7480/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010350682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7480/2025 Between: 1. DASARI ALOYSIOUS RAJU, S/O LATE PRATAP KUMAR. AGED ABOUT 38 YEARS, OCC A.I, CONSULTANT AT IIT-CHENNAI, R/O 24- 4-219, RAMANNAPETA BEHIND SACHIVALAYAM 126, GUNTUR- 522002 ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI 2. CHERUKURI SRINIVASA RAO, S/O APPA RAO, AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O FLAT NO.205, KEERTHI TOWERS 5/2 LANE CHANDRAMOULINAGAR,GUNTUR GUNTUR DISTRICT. ...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 Courtmay be pleased to quash the C.C. No. 1682 of 2022 on the file of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, Guntur District IA 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 may be pleased to dispense with filing of certified copies in C.C. No. 1682 of 2022 on the file of the Special Judicial First Class 2 Magistrate for Prohibition and Excise, Guntur, Guntur District, pending disposal of the Criminal petition IA NO: 2 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 may be pleased to stay of all further proceedings including appearance of the petitioner (Accused) herein in C.C. No. 1682 of 2022 on the file of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, Guntur District, pending disposal of the Criminal petition Counsel for the Petitioner/accused: 1. KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7480/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused, seeking quashment of the proceedings pending against him in C.C.No.1682 of 2022 on the file of Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, Guntur District for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act. 2. Heard Sri Khaja Khutubuddin Shaik, learned counsel for the Petitioner/Accused and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner, by dispensing the presence of the petitioner/Accused, before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused before the Trial Court is dispensed with unless his presence is specifically directed by the Trial Court. 4 However, the petitioner is at liberty to raise all his contentions before the Trial Court in his defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7480/2025 Dated.21.07.2025 UPS 133