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2025 DAILYLAW 34642 (AP)

KILLADA SHIVA KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/8340/2023 · 2025-07-30

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010539582023 l^ THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO- «?40 OF 20?.-^ PRATAPA Between: Killada Shiva Kumar, S/o.Mohana Rao, aged about 30 years. Door No.5-19, Narsi Puram Village, Chinna Veedhii, Parvathipuram Mandal, Vizianagaram District. ...Petitioner AND 1. The State of Andhra Pradesh, High Court of Andhra Pradesh represented by its Public Prosecutor at Amaravati, High Court Buildings at Nelapadu, Amaravati, Guntur District. 2. Killada (Yadia) Venkata Lakshmi, W/o.Venkata Ramana, aged about 28 years, R/o. At Door No.53-07-09, Near Maddilapalem Depot Maddilapalem, Visakhapatnam. ...Respondents Cr.P.C praying that in the of Grounds of Criminal Petition, the proceedings against the petitioner in on the file of IV Additional Chief Metropolitan Magistrate Petition is filed under Section 482 of circumstances stated in the Memorandum High Court may be pleased to quash the D.V.C No.92 of 2023 at Visakhapatnam in view of the law laid down by the Hon'ble Apex Court and Hon'ble Calcutta High Court in the Judgments reported in 1992 Supp (1) SCC 335 and 2021 SCC Online Cal 2602. lA NO: 2 OF 2023 Petition is filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the appearance of the petitioner in D.V.C No.92 of 2023 on the file of IV Additional Chief Metropolitan Magistrate at Visakhapatnam in view of the law laid down by the Hon'ble Apex Court and Hon'ble Calcutta High Court in the Judgments reported in 1992 Supp (1) SCC 335 and 2021 SCC Online Cal 2602. ! i ;1 Counsel for the Petitioner: M/s. Kakumanu Joji Amrutha Raju Counsel for the Respondent No.1: Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following: APHC010539582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8-.^40/909? [3396] Between: ^ SHIVA KUMAR, SIO.MOHANA RAO, AGED ABOUT 30 DOOR NO.5-19, NARSI PURAM VILLAGE, CHINNA VEEDHI PARVATHIPURAM MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER/ACCUSED AND ^ OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AMARAVATI AT HIGH COURT BUILDINGS AT AMARAVATI, GUNTUR DISTRICT. VENKATA LAKSHMI, W/0. VENKATA RAMANA AGED ABOUT 28 YEARS, RESIDING AT DOOR NO. 53-07-09 MADDILAPALEM DEPOT, MADDILAPALEM, VISAKHAPATNAM. ...RESPONDENT/COMPLAINANT(S): NELAPADU NEAR Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 Cr.P.C has been filed, by the Petitioner/Respondent No.3, seeking to quash the proceedings against him in D.V.C.No.92 of 2023 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Visakhapatnam. 2. When the matter is taken up for hearing, Sri Kakumanu Joji Amrutha Raju, learned counsel for the Petitioner would submit that the petition may be 2 disposed of dispensing with the presence of the Petitioner before the trial Court. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4. In that view of the matter, the Criminal Petition is disposed of and the presence of the Petitioner/Respondent No.3 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed. 1 Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Chief Metropolitan Magistrate at Visakhapatnam Visakhapatnam District. 2. One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of A.P. [OUT] 4. Two CD Copies BSV sree HIGH COURT DATED:31/07/2025 ORDER CRLP NO. 8340 OF 2023 DISPOSING OF THE CRIMINAL PETITION