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2025 DAILYLAW 32348 (AP)

AVULA SURESH BABU v. GUNAPATI VENKATA KRISHNA REDDY

CRLP/9419/2025 · 2025-09-10

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010476612025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9419 OF 2025 Between: 1. AVULA SURESH BABU, S/o Late Venkaiah, Aged about 42 years, R/o. Uthunurvari Palem Village, Kukkupadu Post, Kota Mandal, SPSR Nellore District. Pin Code 524 411 1. GUNAPATI VENKATA KRISHNA REDDY, Proprietor of Vaishnavi Enterprises, D.No.16-3-141/2, 3rd Floor, GPR Kalyana Mandapam Mini Bypass Road, Nellore, SPSR Nellore Dt ... Respondent/Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh At Amaravathi 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 C.C. No. 1052 of 2022 on the file of the Hon’ble III Add Nellore in the interest of justice and pass IA NO: 1 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9419 OF 2025 1. AVULA SURESH BABU, S/o Late Venkaiah, Aged about 42 years, R/o. Uthunurvari Palem Village, Kukkupadu Post, Kota Mandal, SPSR Nellore ...Petitioner AND 1. GUNAPATI VENKATA KRISHNA REDDY, Proprietor of Vaishnavi 141/2, 3rd Floor, GPR Kalyana Mandapam Mini Bypass Road, Nellore, SPSR Nellore Dt ... Respondent/Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh At Amaravathi ...Respondents er 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 C.C. No. 1052 of 2022 on the file of the Hon’ble III Additional Junior Civil Judge, Nellore in the interest of justice and pass IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE ELEVENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. AVULA SURESH BABU, S/o Late Venkaiah, Aged about 42 years, R/o. Uthunurvari Palem Village, Kukkupadu Post, Kota Mandal, SPSR Nellore ...Petitioner 1. GUNAPATI VENKATA KRISHNA REDDY, Proprietor of Vaishnavi 141/2, 3rd Floor, GPR Kalyana Mandapam Mini Bypass Road, Nellore, SPSR Nellore Dt ... Respondent/Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of ...Respondents er 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 C.C. itional Junior Civil Judge, 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 C.C. No. 1052 of 2022 on the file of the Hon’ble III Additional Junior Civil Judge, Nellore, including Petitioners/Accused in the interest of justice and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. of theappearance 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 dispense with filing of certified copy of the proceedings in C.C. No. 1052 of 2022 on the file of the Hon’ble III Additional Junior Civil Judge, Nellore in the interest of justice and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: KAMBHAMPATI RAMESH BABU Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9419/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in CC.No.1052 of 2022 on the file of III Additional Junior Civil Judge, Nellore for the offences punishable under Sections 138, 139 and 142 of NI Act and Section 420 IPC. 2. Heard Sri Kambhamapati Ramesh Babu, learned counsel for the Petitioner/Accused No.4 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner by dispensing the presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused before the Trial Court is dispensed with, unless his presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 11.09.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO:9419 /2025 Dated.11.09.2025 KKV