Extracted from the PDF above. The PDF is authoritative.
APHC010489772025
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9727 OF 2025 Between:
1. Shaik Kizar Ahmed, S/o. Jameel Ahmed, aged about 27 years, R/o. D.No.16-5-33, Nimma Thota, Narasaraopet Town Palnadu District, A.P.
1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. S Shyam Sundara Rao, Head Constable (HC Sileru Village, G.K. Veedhi Mandal, Alluri Sitharama Raju District, A.P. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstanc Criminal Petition, the High Courtpleased to Quash the proceedings in SC. NDPS No.490/2023 against the Petitioner/Accused No.5 for the offence punishable U/s.20(b)(ii)(B), 25 r/w 8(c) of N.D.P.S. Act which is pe the file of the Hon’ble I Addl.District & Sessions Judge Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District and pass
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9727 OF 2025
1. Shaik Kizar Ahmed, S/o. Jameel Ahmed, aged about 27 years, R/o. 33, Nimma Thota, Narasaraopet Town Palnadu District, A.P. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of S Shyam Sundara Rao, Head Constable (HC-1563), Sileru Police Station, Sileru Village, G.K. Veedhi Mandal, Alluri Sitharama Raju District, A.P. ...Respondents 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 SC. NDPS No.490/2023 against the Petitioner/Accused No.5 for the offence punishable U/s.20(b)(ii)(B), 25 r/w 8(c) of N.D.P.S. Act which is pe the file of the Hon’ble I Addl.District & Sessions Judge-cum-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District IN THE HIGH COURT OF ANDHRA PRADESH
THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Shaik Kizar Ahmed, S/o. Jameel Ahmed, aged about 27 years, R/o. 33, Nimma Thota, Narasaraopet Town Palnadu District, A.P. ...Petitioner
1.
The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of 1563), Sileru Police Station, Sileru Village, G.K. Veedhi Mandal, Alluri Sitharama Raju District, A.P. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS es stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to Quash the proceedings in SC. NDPS No.490/2023 against the Petitioner/Accused No.5 for the offence punishable U/s.20(b)(ii)(B), 25 r/w 8(c) of N.D.P.S. Act which is pending on Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District
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 filing of certified copy of the Charge Sheet in SC. NDPS No.490/2023 for the offence punishable U/s.20(b)(ii)(B) , 25 r/w 8(c) of N.D.P.S. Act which is pending on the file of the Hon’ble I Addl. District & Sessions Judge-cum-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District and pass 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 Stay of all further proceedings including appearance of the Petitioner/Accused No.5 in SC. NDPS No.490/2023 for the offence punishable U/s.20(b)(ii)(B), 25 r/w 8(c) of N.D.P.S. Act which is pending on the file of the Hon’ble I Addl. District & Sessions Judge-cum-Spl. Judge for Trial of Offences under NDPS Act Visakhapatnam, Visakhapatnam District, until disposal of the quash petition and pass Counsel for the Petitioner: SRINIVASA RAO NARRA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9727 OF 2025
ORDER:
The Criminal Petition under Section 482 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) is filed seeking to quash the proceedings in SC. NDPS No.490/2023 against the Petitioner/Accused No.5 for the offence punishable U/s.20(b)(ii)(B), 25 r/w 8(c) of N.D.P.S. Act which is pending on the file of the Hon’ble I Addl.District & Sessions Judge-cum-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District.
02. Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner and Sri Prasana Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
03.
Learned counsel for the petitioner submits that the petitioner may be permitted to file applications for exemption from personal appearance before the trial Court, whenever he is unable to attend, and the same may be considered by the learned Judge on merits.
04. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.
05. In view of the submissions made, this Criminal Petition is disposed of, directing that the petitioner shall appear before the trial Court regularly. However, as and when the petitioner is unable to attend, it is open to him to file an application for exemption from personal appearance, and the learned
trial Judge shall consider such applications in accordance with law and on their own merits. There shall be no order as to costs.
Miscellaneous petitions, if any, pending, in this Criminal Petition, shall stand closed.
______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 18.09.2025 KKV
120 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.9727 of 2025
Dt.18.09.2025
KKV