APHC010454382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9043/2025 Between: 1. MANUBOTU BALA KRISHNAIAH, S/O LATE MALAKONDAIAH, AGED ABOUT 65 YEARS, R/O KAMMAPALEM, MUSUNURU VILLAGE, KAVALI MANDAL, SPSR NELLORE DISTRICT. 2. MANUBOTU SIVA RANI, W/O BALA KRISHNAIAH, AGED ABOUT 60 YEARS R/O KAMMAPALEM, MUSUNURU VILLAGE, KAVALI MANDAL, SPSR NELLORE DISTRICT. 3. MADHU KIRANI, W/O SURESH, D/O BALA KRISHNAIAH, AGED ABOUT 38 YEARS R/O K UPPALAPADU VILLAGE, TANGUTURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATHI. 2. KUNCHE SARANYA, W/O M. MADHU KISHORE, D/O SURESH BABU, AGED ABOUT 31 YEARS, R/O CHEMUDUGUNTA VILLAGE AND POST VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 3. KUNCHE MANUKOUSHAL, S/O MANUBOTU MADHU KISHORE AGED ABOUT 4 YEARS R/O CHEMUDUGUNTA VILLAGE AND POST VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT ...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 quash the entire proceedings against the petitioners in DVC No. 103 of 2024 on the file of Special. Excise Judicial Magistrate of first Class, Nellore, SPSR Nellore District, being in abuse of process of law 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 all further proceedings in DVC No. 103 of 2024 on the file of Special. Excise Judicial Magistrate of first Class, Nellore, SPSR Nellore District, pending disposal of the main criminal petition, and pass Counsel for the Petitioner/accused(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners/accused Nos.2 to 4, seeking quashment of proceedings against them in D.V.C.No.103 of 2024, on the file of the Special Excise Judicial Magistrate of First Class, Nellore, SPSR Nellore District. 2. Heard Sri Siva Prasad Reddy Venati, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. When the matter is taken up for hearing, learned counsel for the petitioners would submit that the petition may be disposed of dispensing the presence of the petitioners before the trial Court on every adjournment. 4. Learned Additional Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of, dispensing with the presence of the petitioners before the trial Court, unless their presence is specifically directed by the trial Court. However, the petitioners are at liberty to raise all the contentions before the trial Court in his defence. The learned trial Judge may appreciate the same and take an appropriate decision in accordance with law. Pending interlocutory applications, if any, shall stands closed. Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 02.09.2025 MH 4 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 108 Crl.P.No.9043 of 2025 Dt.02.09.2025 MH