Bhupalam Sreenivasuiu v. The State of Andhra Pradesh
CRLP/9710/2025 · 2025-09-16
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33040 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33040 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 APHC010492092025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9710/2025 Between:
1. BHUPALAM SREENIVASUIU, LATE BHUPALAM SATYANARAYARTA, AGED ABOUT 52 YEARS, OCC BUSINESS, R/O D.NO.2/252, GUNMEN HOUSE, DAM ROAD, GARLADINNE VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT
2. BHUPALAM VISHNU VAMSI, S/O BHUPALAM SREENIVASUIU, AGED ABOUT 24 YEARS, OCC STUDENT, R/O D.NO.2/252, GUNMEN HOUSE, DAM ROAD, GARLADINNE VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT
3. R RAGHUNATH SETTY, S/O LATE P. RAMANAIAH SETTY, AGED 57 YEARS, R/O H.NO.3072, AC ABDUL ALI ROAD (KOLAR ROAD), BANGARPET, KOLAR, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, ANANTAPUR IV POLICE STATION, ANANTHAPURAM DISTRICT. 2. G SRIDHAR MURTHY, S/O NOT KNOWN THE PETITIONER. AGED MAJOR, OCC GOVT, OFFICIAL GAZETTEED, CIVIL SUPPLY DEPUTY TAHSILDAR, ANANTHAPURAM TOWN, ANANTHAPURAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short „BNNS‟) has been filed, by the petitioners/accused Nos.1 to 3 seeking quashment of proceedings against them in C.C.No.2510 of 2022, on the file of the learned Special Judicial Magistrate of First Class Court
2 (Mobile), Ananthapuramu, for the offences punishable under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act. 2. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as follows. “10. In view of the guideline No.3 in Bhajanlal‟s case (supra), the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of the alleged offences by the Petitioner/Accused No.3.
As such, this Court finds that there are justifiable grounds to exercise its jurisdiction under Section 482 Cr.P.C. Therefore, as the very ingredients of the offending Sections are not attracted against the Petitioner/Accused No.3, the criminal proceedings initiated against him are liable to be quashed. 11. In result, the Criminal Petition is allowed and the proceedings against Petitioner/Accused No.3 in C.C.No.113 of 2019 on the file of the Court of Judicial Magistrate of First Class, Dhone for the offence under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed..”
4. Hence, following the said Orders passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, quashing the proceedings against the petitioners herein in C.C.No.2510 of 2022, on the file of the learned Special Judicial Magistrate of First Class Court
3 (Mobile), Ananthapuramu,, for the offences punishable under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:17.09.2025 Asr
4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.9710 of 2025
Dt.17.09.2025
Asr