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2025 DAILYLAW 26505 (AP)

Adapaka Suri Babu v. The State of Andhra Pradesh

CRLP/7732/2025 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010375242025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JUt_Y TWO THOUSAND AND TWENTY FIVE '■ * PRESENT •■vr THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7732 OF 2025 Between: Adapaka Suri Babu, S/o.Late Somulu, aged 48 years, R/o.Velduru Village, Pusapatirega Mandal, Vizianagaram District, AP. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, A.P. High Court, Amaravathi. ...Respondent No.1 2. Adapaka Suryanarayana, S/o.Late Appalaswami, aged 64 years, R/o.Velduru Village, Pusapatirega Mandal, Vizianagaram District, AP. ...2"'* Respondent/Defacto Complainant Petition filed under Section 482 of Cr.P.C and 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 call for the records relating to the proceedings in CC.No. 1355 of 2020 on the file of the Special Judicial Magistrate of First Class (Excise) at Vizianagaram and quash the same against the Petitioner/A-1. lA NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay of all further proceedings including appearance of the Petitioner CC No. 1355 of 2020 on the file of the Court of the Special Judicial Magistrate of First Class (Excise) at Vizianagaram pending disposal of the present Criminal Petition. i ' i- Counsel for the Petitioner: Sri Uday Kumar Vampugadavala Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2:— The Court made the following Order: APHC010375242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY. THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7732/2025 Between: 1.ADAPAKA SURI BABU, S/O. LATE SOMULU, AGED 48 YEARS, R/O. VELDURU VILLAGE, PUSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT, AP ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR A.P. HIGH COURT, AMARAVATHI 2.ADAPAKA SURYANARAYANA, , S/O. LATE APPALASWAMI, AGED 64 YEARS, R/O. VELDURU VILLAGE, PUSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT, 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 Courtmay be pleased to call for the records relating to the proceedings in CC.No.1355 of 2020 on the file of the Special Judicial Magistrate of First Class (Excise) At Vizianagaram and quash the same against the Petitioner / A-1 and pass such 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 stay of all further proceedings including appearance of the Petitioner CC No. 1355 of 2020 on the file of the court of the Special Judicial Magistrate of First Class (Excise) At Vizianagaram pending disposal of the present Criminal Petition and pass such Counsel for the Petitioner/accused: 1. UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed by the petitioner, seeking quashment of proceedings against him in / 2 C.C.No.1355 of 2020 on the file of the Court of Special Judicial Magistrate of First Class (Excise), Vizianagaram, for the offences under Sections 324 and 323 IPC. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No. 1/State. It is alleged that the petitioner, who is the sole accused, attacked the defacto complainant, resulting in bleeding injuries. After due investigation, the police filed a charge sheet, and the Court has taken cognizance of the offences under Sections 324 and 323 of the IPC. Therefore, this Court does not find any merit in entertaining the quash petition. 2. 3. 4. Learned counsel for the petitioner would submit that the petition may be disposed of dispensing with the presence of the petitioner before the trial Court and by giving liberty to the petitioner to raise such contentions before the trial Court in defence. Considering the submissions made, the criminal petition is disposed of and the petitioner is at liberty to raise the present contentions before the trial Court in his defence. However, the presence of the petitioner before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed. 5. Sd/- A VUfiiVA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Judicial Magistrate of First Class (Excise) at Vizianagaram, Vizianagaram District. 2. The Station House Officer, Pusapatirega Police Station, Vizianagaram District. 3. One CC to Sri Uday Kumar Vampugadavala, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 5. Two CD Copies BSV vna / / r HIGH COURT DATE0:25/07/2025 ORDER CRLP NO. 7732 OF 2025 5 19 AUG 2025 S .69, Current Section . DISPOSING OF THE CRIMINAL PETITION