APHC010546252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 8772/2024 Between: 1. Y LAKSHMINATH REDDY, S/O. Y.DASTAGIRI, AGED ABOUT 35 YEARS, R/O.D.NO.2/270-A, BAKARAPETA STREET, PRODDATUR TOWN, YSR (KADAPA) DISTRICT . ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. MACHIREDDY RANGA REDDY, S/O.M.KONDA REDDY, AGED ABOUT 55 YEARS, R/O. CHENNUR VILLAGE AND MANDAL, YSR KADAPA) DISTRICT ...RESPONDENT/COMPLAINANT(S): 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 Court may be pleased to quash the Order dated 18.10.2024 passed in Crl.M.P.No.2120 of 2024 in C.C.No.63 of 2019 on the file of the Honble Special Judicial Magistrate of I Class for Prohibition and Excise Offences, Kadapa, and allow the criminal petition. Counsel for the Petitioner/accused: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PAPUDIPPU SASHIDAR REDDY 2. PUBLIC PROSECUTOR ORDER: The instant Criminal Petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (For short „Cr.P.C.‟) for the following relief: “ ... to quash the Order dated 18.10.2024 passed in 2 Crl.M.P.No.2120 of 2024 in C.C.No.63 of 2019 on the file of the Honble Special Judicial Magistrate of I Class for Prohibition and Excise Offences, Kadapa, and allow the criminal petition ...” 2. Heard learned counsel for the Petitioner, learned counsel for respondent No.2 and learned Assistant Public Prosecutor appearing for respondent/State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner has filed the Petition under Section 45 of the Indian Evidence Act, 1972 vide Crl.M.P.No.2120 of 2024 in CC No.63 of 2019 on the file of the Court of Special Judicial Magistrate of I Class for Prohibition and Excise Offences, Kadapa seeking to send the subject cheque and promissory note to the expert along with the admitted signatures of the Petitioner for comparison. The said petition was dismissed by the Trial Court vide Order dated 18.10.2024 on the ground that the admitted signature of the Petitioner pertaining to the period 2016 and 2018 are not filed, as required by the expert. Learned counsel would further submit that now the original documents containing the signature of the petitioner for the years 2016 and 2018 are available and prays for a direction to the Trial Court for granting one more opportunity to the Petitioner to submit the said documents to prove his case. 4. Learned counsel for respondent No.2 would submit that the Court may pass appropriate orders. 5. Learned Assistant Public Prosecutor for respondent No.1/State is in attendance. 3 6. Considering the submissions, it is apposite to direct the Petitioner to file original documents before the Trial Court within a period of one week from this date. On filing such documents, Learned Trial Judge shall take appropriate decision if such documents are viable for sending the same to the expert for getting opinion. In case, Petitioner fails to submit such documents, the impugned Order passed by the Trial Judge holds good. Learned Trial Judge shall dispose of the case as expeditiously as possible without granting any adjournment in a causal manner on mere asking. 7. With the above direction, this Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 8772 of 2024 01.08.2025 Mjl /*