APHC010018162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 496/2025 Between: 1. MARUKONDA APPALACHARI, S/O APPARAO, AGED ABOUT 60 YEARS OCC CARPENTER, H/M, R/O D.NO. 18-7-18,BACKSIDE OF NOOKAMMBA TEMPLE, NADUPURU.PEDAGANTYADA.PEDAGANTYADA MANDAL,VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 2. MARUKONDA KANKARATNAM, W/O APPALACHARI, AGED ABOUT 45YRS, R/O D.NO. 18-7-18, BACKSIDE OF NOOKAMMBA TEMPLE, NADUPURU, PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 3. MARUKONDA DHANALAKSHMI, D/O APPALACHARI, AGED ABOUT 23YEARS, R/O D.NO.18-7-18, BACKSIDE OF NOOKAMMBA TEMPLE, NADUPURU, PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 4. MARUKONDA HARI DURGAPRASAD, S/O APPALACHARI, AGED ABOUT 25YEARS, R/O D.NO. 18- 7-18, BACKSIDE OF NOOKAMMBA TEMPLE, NADUPURU, PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 5. MARUKONDA LOKESH BRAHMAM, S/O APPALACHARI, AGED ABOUT 20YESRS, R/O D.NO. 18-7-18, BACKSIDE OF NOOKAMMBA TEMPLE, NADUPURU, PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 2 6. MARUKONDA RAMBABU, S/O LATE APPARAO, AGED ABOUT 52YEARS R/O D.NO. 18-7-1, NOOKAMMBA TEMPLE, NADUPUM, PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND 1. THE State of Andhra Pradesh, Rep. by.lts Public Prosecutor High Court of Andhra Pradesh at Amaravathi Through Station House Officer, New Port P.S., Visakhapatnam, AP. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BANDA SAI SAMPATH KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION NO.496 OF 2025 ORDER: This Criminal Petition is filed under Section 528 of BNSS, 2023 to quash the C.C.No.267 of 2016 on the file of III Addl. Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam City. 2. Heard Sri Banda Sai Sampath Kumar, learned counsel for the petitioners. 3. Learned Additional Public Prosecutor representing the State takes notice for respondent No.1. 4. The grievance of the petitioners is that the petitioners are accused in the case and on their behalf, a witness was examined as D.W-5. During the course of examination of D.W-5, he produced a document “R-Card”. The learned Magistrate did not receive it into evidence, as original is not produced for comparison and verification to receive the copy of the same. 5. Learned counsel for the petitioners would submit that original was filed in some other Court, and therefore, witness could not produce the same. However, during the course of the arguments, he would submit that certified copy will be applied 4 from the concerned Court, and the same will be produced before the learned Magistrate instead of photo copy. 6. Considering the same, this Court is of the considered opinion that this Criminal Petition can be disposed of at the stage of admission, by observing that the petitioner can produce a certified copy obtained from the concerned Court, and ask the learned Magistrate to receive the same into evidence as per law. 7. Accordingly, the Criminal Petition is disposed of at the stage of admission with the above direction. As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 22.01.2025 Pmk 5 40 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION NO:496 of 2025 Date: 22.01.2025 Pmk