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2025 DAILYLAW 30299 (AP)

Jangam Padmaja v. THE STATE OF ANDHRA PRADESH

CRLP/8925/2025 · 2025-09-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010435472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8925 OF 2025 Between: Jangam Padmaja, C/o. Kali Ravi Kumar, aged 53 years R/o. D.No.48- 12-11, Flat No.205, CBR Residency, Vishnu Nagar, Gunadala, Vijayawada, Krishna District, AP. Eluru Road, ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor Honble Special Magistrate, Nuzvid, Krishna District, AP. 2. Matta Seetha Rama Raju, S/o. Venkateswara Rao, aged 35 years, R/o. Mittagudem Village, Nuzuvid Mandal, Krishna District, A.P. Through ...RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS Act 2023, and 482 of Cr.P.C., 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 in CrI.M.P.No: 257/2025 in on the file of Special Magistrate, at Nuzividu, Krishna to quash the Docket order Dt 11-7-2025 C.C.No. 120/2023 District, A.P., as illegal, contrary to law, without jurisdiction and as such liable to be quashed in the interest of justice. lA NQ: 2 0F 2025 - Petition under Section 528 of BNSS Act 2023, and 482 of Cr.P.C., * praying that in the circumstances stated in the Memorandum of Grounds o^ Criminal Petition, the High Court may be pleased to Stay all further Proceedings in to quash the Docket order Dt 11-7-2025 in CrI.M.P.No: 257/2025 in C.C.No. 120/2023 on the file of Special Magistrate, at Nuzividu, Krishna District, A.P., pending disposal of the Quash Petition, and as such liable to be quashed in the interest of justice. Counsel for the Petitioner: MS P. LAKSHMI PRIYANVITA REPRESENTING SRI S M SUBHAN Counsel for the Respondent No.1: MS K. PRIYANKA LAKSHMI ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2: NONE APPEARED The Court made the following ORDER : ^ APHC010435472025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATA JYOTHIRMAI PRATAPA f^RlMINAL PETITION NO: 8925/202j IN [3396] 0^(0 0 THE HONOURABLE DR Between; 1.JANGAM PADMAJA, C/0. KALI RAVI KUMARj^AGED.53 YEARS RTO. nMn4R-12-11 FLAT NO.205, CBR RESIDENCY, VISHNU NAUAK, ELURU ROAD,’gUNADALA, VIJAYAWADA, KRISHNA DISTRICT, AP. ...PETITIONER/ACCUSED AND OF ANDHRA PRADESH, REP BY THE PUBLIC SPECIAL MAGISTRATE, 1.THE STATE prosecutor NUZVID, KRISHNA DISTRICT, AP. through HONBLE SEETHA RAMA RAJU, S/0. VENKATESWARA RAO, SEETHA village, NUZUVID MANDAL 2.MATTA AGED.35 YEARS, R/0 KRISHNA DISTRICT, AP. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused. 1.S M SUBHAN Counsel for the Respondent/complainant(S); 1 .PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8925 of 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 Petitioner/Accused, seeking quashment of the docket order dated 11.07.2025 passed by the Special Magistrate, Nuzividu, Krishna District, in Crl.M.P.No.257 of 2025 in C.C.No.120 of 2023. 2. Heard Ms.P.Lakshmi Priyanvita, learned counsel representing Sri S.M.Subhan, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. 3. Learned counsel for the petitioner would submit that in compliance of the order passed by the Trial Court in Crl.M.P.No.257 of 2025 in C.C.No.120 of 2023, the petitioner has placed on record the original documents of the year 2021 to 2023 as ordered by the Court. Learned counsel for the petitioner would further submit that the office has returned the said documents stating that they are not contemporaneous documents as ordered. Hence, they cannot be sent to Hand-writing expert for comparison. Learned Assistant Public Prosecutor would submit that the Court may 4. pass appropriate orders. Having heard the submissions and a fair look at the material placed 5. on record before this Court, as rightly put by the learned counsel for the 3 petitioner, as ordered by the learned Trial Judge, the petitioner has placed ' on record the original documents for sending such documents to the expert for comparison. Learned counsel for the petitioner would further submit that the office has taken an objection that they are not contemporaneous documents and returned such documents. That being the case, it is apposite to allow the petition, directing the learned Trial Judge to call the matter on bench and look into the issue and take appropriate decision the matter, since, it is reported that the petitioner has complied with both the conditions i.e., depositing Rs.6,000/- and also filing the original documents of the year 2021 to 2023. Learned Trial Judge is further directed to take a decision over the matter and dispose of the case as expeditiously as possible without granting any adjournments in a casual way by mere asking. over 6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Magistrate; Nuzividu, Krishna District. 2. One CC to Sri S M Subhan Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Amaravati [OUT] 4. Two CD Copies Pradesh at SAM TAC HIGH COURT DATED:08/09/2025 ORDER CRLP No. 8925 of 2025 ALLOWING THE CRLP