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2025 DAILYLAW 29901 (AP)

Malla Venkata Srinivasa Rao v. The State of Andhra Pradesh

CRLP/8711/2025 · 2025-08-21

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010429612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8711/2025 Between: 1. MALLA VENKATA SRINIVASA RAO, S/O MALLA SAMBHAMURTHY, D.NO.55-15-3, FLAT NO.201, SAI SREE VIHAR, HB COLONY LAST BUS STOP, VISAKHAPATNAM 2. MALLA SUEETHA, W/O MALLA VENKATA SRINIVASARAO, D.NO.55- 15-3, FLAT NO.201, SAI SREE VIHAR, HB COLONY LAST BUS STOP, VISAKHAPATNAM ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI 2. CHALLA ANESWARA RAO, S/O RAMANAYYA, R/O CHALLAVARIPETA VILLAGE, JALAMURU MANDAL, VISAKHAPATNAM ...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 Courtpleased to Quash the proceedings in FIR.No.26/2025 dated 22.02.2025 registered by Jalumuru P.S., Srikakulam, as against the Petitioners herein for the offences punishable under Sections 318(4), 351(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 in the interest of equity and justice while exercising its inherent jurisdiction under Section 528 of BNSS 2 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 dispense with the filing of the certified copies of the FIR.No.26/2025 dated 22.02.2025 registered by Jalumuru P.S., Srikakulam, for time being period, in the interest of justice. 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 pleased to grant stay of all further proceedings in FIR.No.26/2025 dated 22.02.2025 registered by Jalumuru P.S., Srikakulam, for the offences punishable under Sections 318(4), 351(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. A S C BOSE Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8711/2025 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 Nos. 3 and 4, seeking quashment of the proceedings pending against them in Crime No.26 of 2025 dated 22.02.2025 of Jalumuru P.S., Srikakulam, registered for the offences punishable under Sections 318(4), 351(3) r/w 3(5) of BNS. 2. When the matter is taken up for hearing Ms.K.Priynaka Lakshmi, learned Assistant Public Prosecutor on written instructions would submit that charge sheet is filed in this matter. 3. Learned counsel for the petitioners would submit that recording the same, this criminal petition may be disposed of by giving liberty to the petitioners to challenge the same. 4. Recording the submission of learned Assistant Public Prosecutor, the Criminal Petition is disposed of. However, the Petitioners are at liberty to challenge the charge sheet, if so advised. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.08.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8711/2025 Dated.22.08.2025 UPS 136