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2025 DAILYLAW 24895 (AP)

Balija Raju v. THE STATE OF Andhra Pradesh,

CRLP/7401/2025 · 2025-07-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010351212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTfCE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7401 OF 202.-; Between: 1. Balija Raju, s/o Late Venkatappa, Age: 65 Years, Occ: Dependant, R/o 26-4-2103, Melapuram, Hindupur, Sri Sathya Sai District 2. B.Kiran Kumar, s/o B.Raju Age; 35 Years, Occ: Employee, R/o 26-4- 2103, Melapuram, Hindupur, Sri Sathya Sai District 3. B.Santhosh Kumar, s/o B.Raju Age: 35 Years, Occ: Employee 4-2103, Melapuram, Hindupur, Sri Sathya Sai District R/o 26- ...Petitioners/Accused AND 1. The State of Andhra Pradesh, By Public Prosecutor, High Court of AP Amaravati ...Respondent/Complainant Age- 54 Years, Hindupur, Sri 2. Sarugondia Ramanjinappa, s/o Late Narayanappa, Occ- Cultivation, R/o 26-4-303, Melapuram Cross Sathya Sai District ...Respondent/Defacto complainant 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 proceedings in CC.No.797 of 2022 on the file of Special Magistrate, Hindupur as against the Petitioners. lA NO: 2 OF 2025 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 stay all further the Proceedings including appearance of Petitioners/Accused in CC.No.797 of 2022 on the file of Special Magistrate, Hindupur, pending disposal of the Quash Petition. Counsel for the Petitioners: Sri N Chandra Sekhar Reddy Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: - The Court made the following Order: i APHC010351212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7401/2025 Between: 1.BALIJA RAJU, S/0 LATE VENKATAPPA, AGE- 65 YEARS, OCC- DEPENDANT, R/0 26-4-2103, MELAPURAM, HINDUPUR, SRI SATHYA SAI DISTRICT 2.B.KIRAN KUMAR, S/O B.RAJU AGE 35 YEARS, OCC- EMPLOYEE, HINDUPUR, SRI SATHYA SAI R/0 26-4-2103, MELAPURAM DISTRICT 3.B.SANTHOSH KUMAR, S/O B.RAJU AGE 35 YEARS, OCC- EMPLOYEE, R/0 26-4-2103, MELAPURAM, HINDUPUR, SRI SATHYA SAI DISTRICT ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI 2.SARUGONDLA RAMANJINAPPA, S/O LATE NARAYANAPPA, AGE- 54 YEARS, OCC- CULTIVATION, R/O 26-4-303, MELAPURAM CROSS, HINDUPUR, SRI SATHYA SAI 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 proceedings in CC.No.797 of 2022 on the file of Special Magistrate; Hindupur as against the Petitioners herein and pass 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 may be pleased to dispense with filing of Certified Copies of CC.No.797 of 2022 on the file of Special Magistrate; Hindupur and pass lA 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 all further the Proceedings including appearance of Petitioners/Accused in CC.No.797 of 2022 on the file of Special Magistrate: Hindupur pending disposal of the Quash Petition and pass Counsel for the Petitioner/accused(S): 1.N CHANDRA SEKHAR REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners/accused , seeking quashment of proceedings against them in C.C.No.797 of 2022, on the file of Special Magistrate, Hindupur. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the 2. petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. When the matter is taken up for hearing, learned counsel for the 3. Petitioners would submit that the petition may be disposed of dispensing the presence of the Petitioners before the trial Court on every adjournment. Learned Additional Public Prosecutor would submit that the Court may 4. pass appropriate orders. Considering the submissions made, the Criminal Petition is disposed 5. of, dispensing with the presence of the petitioners before the trial Court unless their presence is specifically directed by the trial Court. However, the petitioners are at liberty to raise all the contentions before the trial Court in his defence. The learned trial Judge may appreciate the same and take an appropriate decision in accordance with law. Pending interlocutory applications, if any, shall stands closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR /jer"' SECTION OFFICER //TRUE COPY// To, 1. The Special Magistrate, Hindupur, Anantapuram District If?. % f 2. One CC to Sri N.Chandra Sekhar Reddy, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra [OUT] 4. Three CD Copies Pradesh. GPC vna f HIGH COURT DATED: 18/07/2025 ORDER CRLP NO. 7401 OF 2025 disposing of the criminal PETITION