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2025 DAILYLAW 25431 (AP)

Babu alias Shaik Baba v. The State of Andhra Pradesh

CRLP/7512/2025 · 2025-07-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ A APHC010359632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7512 OF 2025 Between: Babu @ Shaik Baba, S/o.Dasthagiri, aged about 75 years, Occ:Not Working, R/o.3-12-318, MR Nagar, Naidupeta, Puduru, Nellore, SPSR Nellore District, Andhra Pradesh. ...Petitioner/Accused AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh. 1. Shaik Ameera, W/o.Fayaz, aged about 28 years, Occ:Housewife, R/o.Malaykota, Naidupeta Town and Mandal, Tirupati District, Andhra Pradesh. 2. ...Respondents Petition filed 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 grant a direction to the trial Court to receive the petition dated 09.07.2025 in POCSO SC No.50 of 2024 pending before the A POCSO Act, Nellore, under Trial of Offences for Speedy Special Judge Nellore District, j/v Kin-1 OF 2025 that in the the High Court of BNSS praying of Criminal Petition, Section 528 Petition' filed under stated in the Memorandum of the petition U/s. in POCSO circumstanc?s with filing of the certified copy 2025 and other documents in may be pleased to dispense of BNSS dated 09.07. Speedy Trial of 207 of CRPC/230 SC.No.50 of 2024 pending Special Judge for District, Andhra before the POCSO Act, Nellore, Nellore Pradesh till the Offences under disposal of the mam in Criminal Petition. l/y Nin- 2 OF 2025 that in the the High Court against before the Special Nellore, Nellore of BNSS praying of Criminal Petition, Section 528 filed under stated in the Memorandum Petition the circumstances be pleased further proceedings all the to stay in POCSO SC.NO. 50 of 2024 pending under POCSO Act, may petitioner/Accused Judge for speedy Trial of Offences District, pending the Criminal Petition before this Court. RAO PATHAKOTA Counsel for the Respondent No.2;- made the following Order: Counsel for The Court APHC010359632025 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: 7512/2025 Between: 1.BABU ALIAS SHAIK BABA, S/0 DASTHAGIRI, AGED ABOUT 75 YEARS, OCC NOT WORKING, R/0 3-12-318, MR NAGAR, NAIDUPETA, PUDURU, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. AGED ABOUT 28 YEARS, OCC 2.SHAIK AMEERA, W/0 FAYAZ. HOUSEWIFE, R/O MALAYKOTA, NAIDUPETA TOWN AND MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. ...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 grant a direction to the trial court to pending before the Hon’ble Special Judge for Speedy Trial of Offences under POCSO Act, Nellore, Nellore District and pass receive the petition dated 09.07.2025 in POCSO No. 50 of 2024 lANO: 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 the certified copy of the petition U/s 207 of CRPC/230 of BNSS dated 09 07 2025 and other documents in P.S.C. No. 50 of 2024 pending before the Hon’ble Special Judge for Speedy Trial of Offences Nellore District, Andhra Pradesh till the i in the interest of the justice and pass such under POCSO Act, Nellore, disposal of the Main Criminal Petition lA NO: 2 OF 909^ Pe ition under Section 482 of Cr.P.C and 528 of BNSS praying that in the ircumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased may be pleased to stay all the further proceedings against the Petitioner/Accused in P.S.C. No. 50 of 2024 pendino be ore the Hon’ble Special Judge for Speedy Trial of Offences under OTCSO Act, Nellore, Nellore District, pending the Criminal Hon’ble Court in the interest of Justice. Counsel for the Petitioner/accused: 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Petition before this 3 The Court made the foUowi ORDER: nai The instant petition under Section 528 of BNSS has Petitioner, seeking a direction to the trial Court to 09.07.2025 in POCSO S.C.No.50 of 2024, been filed, by the receive the petition dated on the file of Special Judge for Speedy Trial of Offences under POCSO Act, Nellore, Nellore District. ] 2. Heard Sri Venkata Mohana Rao Pathakota. petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public / learned counsel for the Prosecutor. 3. Learned Assistant Public Prosecutor takes notice on behalf of the State. 4. Learned counsel for the petitioner would submit that they have filed a petition before the Special Court seeking a copy of the video recording of the statement of PW1, which was videographed by the investigating officer. Learned counsel would further submit that he has filed an affidavit to that effect, stating that he wants to file that petition learned trial Judge because the 313 Cr.P.C without making any endorsement to that effect. 5. Learned Assistant Public Prosecutor would submit that pass appropriate orders. Considering the submissions made, it is apposite to dispose of the present petition with the following direction: “The petitioner herein is at liberty to work out his remedy by filing the appropriate application before the Special Court. On filing such application, the learned trial Judge shall call the matter judicial orders according to law.” which was refused by the examination was conducted the Court may 6. on bench and pass appropriate % 4 7. With the above direction, this Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR • //TRUE COPY// SE OFFICER To, 1. The Special Judge for Speedy Trial Nellore, SPSR Nellore District. 2. The Station House Officer, District. 3. One CC to Sri Venkata Mohan 4. Two CC’s to the Public [OUT] 5. Two CD Copies of Offences under POCSO Act, Naidupeta Police Station, SPSR Nellore Rao Pathakota, Advocate [OPUC] Prosecutor, High Court of AP at Amaravati. BSV VNA i ■ HIGH COURT \ DATED: 18/07/2025 ORDER CRLP NO. 7512 OF 2025 DISPOSING OF THE CRIMINAL PETITION