APHC010401462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8107/2025 Between: 1. GONGATI VEERA REDDY, S/O. NAGI REDDY, AGED ABOUT 26 YEARS, R/O. D.NO. 17-47, JANGAMAHESWARA PURAM VILLAGE, GURAJALA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT, ANDHRA PRADESH. 2. GONGATI NAGIREDDY, S/O. KOTI REDDY, AGED ABOUT 57 YEARS, R/O. D.NO.17- 47, JANGAMAHESWARA PURAM VILLAGE, GURAJALA MANDAL, PALNADU DISTIRCT, ANDHRA PRADESH- 522415. 3. GONGATI SREENIVASA REDDY, S/O NAGI REDDY, AGED ABOUT 37 YEARS, R/O. D.NO.17-47, JANGAMAHESWARA PURAM VILLAGE, GURAJALA MANDAL, PALNADU DISTIRCT, ANDHRA PRADESH-522415. 4. GONGATI PADMA, W/O NAGI REDDY, AGED ABOUT 52 YEARS, R/O. D.NO.17- 47, JANGAMAHESWARA PURAM VILLAGE, GURAJALA MANDAL, PALNADU DISTIRCT, ANDHRA PRADESH- 522415. ...RESPONDENT/COMPLAINANT(S): 2 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 call for the records relating to and in connection with CrI.M.P. No. 149 of 2025 dated 07.05.2025 on the file of the X Additional District and Sessions Judge, Gurazala in SC No. 427/2018 on the file of the SHO, Gurazala Police Station and to set- aside the same and pass 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 Pleased to stay of all further proceedings CrI.M.P. No. 149 of 2025 dated 07.05.2025 on the file of the X Additional District and Sessions Judge, Gurazala in SC No. 427/2018 on the file of the SHO, Gurazala Police Station and pass Counsel for the Petitioner/accused: 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner/accused No.3, seeking quashment of proceedings against him in Crl.M.P. No.149 of 2025, dated 07.05.2025, on the file of the X Additional District and Sessions Judge, Gurazala, in S.C. No.427 of 2018. 2. Heard V. Sai Kumar, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petition in Crl.M.P. No.149 of 2025 to recall the witness was allowed by the trial Court on payment of costs. On the given date, when the witnesses were present, the petitioner could not pay the costs and, at the same time, cross-examine them. That is why he filed the present criminal petition. The petitioner herein is A.3. He is facing serious charges in a double murder case in S.C. No.427 of 2018, on the file of the X Additional District and Sessions Judge, Gurazala. Learned counsel for the petitioner would further submit that a fair opportunity may be given to the accused to put forth his case before the Court. Learned counsel would further submit that the petition may be considered on this premise. 4. Learned Assistant Public Prosecutor would submit that the trial Court imposed costs of Rs.1,500/- to each witness, but the same has not been paid; that is why they cannot cross-examine the witnesses. The learned 4 Assistant Public Prosecutor would further submit that the Court may pass appropriate orders, keeping in mind that it is a serious case of double murder. 5. Considering the submissions made and upon a fair look at the material placed on record, it is apposite to allow this petition, subject to the petitioner paying Rs.10,000/- to each witness towards costs. The learned trial Judge is directed to fix the date for cross-examination of these witnesses according to the convenience of the witnesses and the schedule of the Court. On that date, the petitioner shall pay the costs to the witnesses and proceed with cross-examination. Failing which, this order shall stand cancelled. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 06.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 160 Crl.P.No.8107 of 2025 Dt.06.08.2025 MH 6