Extracted from the PDF above. The PDF is authoritative.
APHC010476112025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9488/2025 Between:
1. BOYA MUNI SWAMY, S/O BOYA RAMUDU, AGED ABOUT 35 YEARS, OCC BRANCH MANAGER, INDOSTAR HOME FINANCE PVT LTD. R/O H.NO. 1-2971, S M T COLONY, 4TH LINE, YEMMIGANUR, KURNOOL DISTRICT, ANDHRA PRADESH.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.
2. BOYA BAZARI, S/O OBULESU, AGED ABOUT 35 YEARS, OCC CULTIVATION,
R/O. C-BELAGAL VILLAGE AND MANDAK, KURNOOL DISTRICT, AP. (COMPLAINT)
...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1. Mohammed Shafi Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9488/2025
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 No.6, seeking quashment of the proceedings pending against him in S.C.No.133 of 2019, on the file of the court of Principal District and Sessions Judge, Kurnool for the offences punishable under Sections 147, 148, 324, 307, 302 r/w 149 of IPC.
2. Heard Sri Mohammed Shafi, learned counsel for the Petitioner/Accused No.6 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
3.
Learned counsel for the petitioner would submit that the petitioner herein is the accused No.6 and he has nothing to do with the alleged murder of the deceased. Learned counsel for the petitioner would further submit that except making allegations against the accused No.6 that along with other accused, he beat some witnesses who were coming to rescue the life of the deceased, nothing is attributed against him. Learned counsel would further submit that speedy disposal of the case is the fundamental right of the accused.
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4. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition.
5. Considering the submissions made and a fair look at the material placed on record, the charge sheet filed in this matter would clearly go to show that there are specific allegations against the petitioner/accused No.6 for the offences under Sections 147, 148, 324, 307, 302 r/w 149 of IPC. In that view of the matter, this is not a fit case for quashment. As rightly put by the
learned counsel for the petitioner, speedy trial is the fundamental right of the accused. In that view, this Criminal Petition is disposed of. However, the learned Trial Judge is requested to dispose of the case in S.C.No.133 of 2019 as expeditiously as possible without granting any adjournment in a casual way by mere asking.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.09.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 9488/2025 Dated.12.09.2025
UPS
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