APHC010556822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i FRIDAY. THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8960 OF 2024 Between: Bhupathi Narendra, S/o.Late Subba Rao, Aged about 52 Employee, R/o.D.No.3-14-124, 2/2 Pattabhipuram, Guntur, Andhra Pradesh - 522006. years. Lane, Near Petrol Bunk, ...Petitloner/Accused AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of the state of Andhra Pradesh at Amaravathi. 2. Chukka Raghavendra Rao, S/o.Jayaraju, aged about 38 Properties years, and Private Employee, R/o.D.No.20/579-15, Lakshmanaraopuram, Machilipatnam, Bandar Mandal, Krishna District, Andhra Pradesh. ...Respondents/Defacto Complainant Petition filed under Section 528 of BNSS and Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Crl.M.P.No.93 of 2024 under Section 45 and 73 of the Indian Evidence Act in CC.No. 262 of r' 2021 on the file of Judicial First Class Magistrate-cum-Principa l Civil Judge (Junior Division), Machilipatnam Order dated 18.09.2024. lA NO: 1 OF 2024 Petition filed under Section 528 of BNSS/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 stay all further proceedings in CC.No.262 of 2021 on the file of Judicial First Class Magistrate-cum-Principa l Civil Judge (Junior Division) Machilipatnam, including appearance of the petitioner/Accused, pending disposal of the above Criminal Petition. Counsel for the Petitioner: Sri Naina Shaik Counsel for the Respondent No.1:Assistant Public Prosecutor Counsel for the Respondent No.2: Ms.Thota Suneetha The Court made the following: APHC010556822024 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: 8960/2024 Between: 1 BHUPATHI NARENDRA, S/O.LATE SUBBA RAO, AGED ABOUT 52 YEARS, EMPLOYEE, R/O.D.NO.3-14-124, 2/2 LANE NEAR PETIOL BUNK, PATTABHIPURAM, GUNTUR, ANDHRA PRADESH - 522006 ...PETITIONER/ACCUSED AND 1.CHUKKA RAGHAVENDRA RAO, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF THE STATE OF ANDHRA PRADESH AT AMARAVATHI. 2.CHUKKA RAGHAVENDRA RAO, S/0. J.AY.ARAJU, AGED ABOUT 38 YEARS, PROPERTIES AND PRIVATE EMPLOYEE, R/0. D.NO. 20/579-15, LAKSHMANARAOPURAM, MACHILIPATNAM, BANDAR MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 CrI. M.P.No. 93/2024 under section 45 and 73 of the Indian Evidence Act in CC. No. 262/2021 on the file of Judicial First Class Magistrate- Cum- Principal Civil Judge (Junior Division) Machilipatnam order dated 18.09.2024 Counsel for the Petitioner/accused: 1. NAINA SHAIK Counsel for the Respondent/complalnant(S): 1.THOTASUNEETHA 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: 2 " ... to quash the Crl. M.P.No. 93/2024 under section 45 and 73 of the Indian Evidence Act in CC. No. 262/2021 on the file of Judicial First Class Magistrate- Cum- Principal Civil Judge (Junior Division) Machilipatnam order dated 18.09.2024 ..." 2. Heard learned counsel for the Petitioner and learned counsel for respondent No.2 and learned Assistant Public Prosecutor respondent/State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner has filed the Petition under Sections 45 and 73 of the Indian Evidence Act, 1972 vide Crl.M.P.No.93 of 2024 in CC No.262 of 2021 on the file of the Court of Judicial First Class Magistrate-cum-Principal Junior Civil Judge (Junior Division), Machilipatnam, seeking to send the subject promissory note to the expert for the purpose of comparison of the age of the ink, year of the stamp as well ast he hand writing on the Ex-P4-Promissory Note with that of his admitted signatures and specimen signatures of the Petitioner. The said petition was dismissed by the Trial Court vide Order dated 18.09.2024 observing as under: " .... for ascertaining the said certain handwritings whether it belongs to petitioner or not has to be determined with the same words of the disputed content in body of pronote which are written by petitioner in 2018. Such a document having same words with the handwriting of petitioner pertaining to year 2018 is not filed. Hence, in the circumstances, stated above. Point is answered in negative. If at all petitioner wants to send again the pronote to RFSL the same can be sent during the time appeal which is preferred by him. Even original pronote is also available in the custody of appellate Court appeal is still pending." Learned counsel prays for a direction to the Trial Court for granting more opportunity to the Petitioner to submit the said documents to prove his case. appearing for as one 3 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. 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. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRA!^ //TRUE COPY// SECflON OFFICER \ To, . The Judicial Magistrate of First Class-curTr-Principal Civil Judge (Junior Division), Machilipatnam, Krishna District. CC to Sri Naina Shaik, Advocate [OPUC] Ms. Thota Suneetha, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, [OUT] 5 Two CD Copies 1 2. One 3. OneCCto High Court of Andhra Pradesh. R.qw HIGH COURT DATED:01/08/2025 ORDER CRLP NO. 8960 OF 2024 DISPOSING OF THE CRIMINAL PETITION