Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 37269 (AP)

TIRUMALASETTI SRINIVAS v. THE STATE OF ANDHRA PRADESH

CRLP/9342/2022 · 2025-02-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl^ TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY |j;‘ TWO THOUSAND AND TWENTY FIVE w) .vP bid PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9342 OF 2022 Between: Tirumalasetti Srinivas, S/o Veerabhadram, R/o D.No 2-91, Palacherla village, Rajanagaram Mandal, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court of Andhra Pradesh, at Amaravati 2. Kamisetti Satti Babu, S/o Apparao, aged 34 years, R/o Palacherla village, Rajanagaram Mandal, East Godavari District ...Respondents Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court begs to present this Memorandum of Criminal Petition against C.C. No. 2130/2020 on the File of I Additional Judicial First-Class Magistrate-Cum-I Additional Junior Civil Judge, Rajamahendravara m, East Godavari District l.A.NO. 1 OF 2022: "Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the proceedings in C.C.No.2130 of 2020 on the file of I Additional Judicial First Class Magistrate - cum - I Additional Junior Civil Judge, Rajamahendravaram, pending disposal of the Criminal Petition. praying that in the lA prayer is amended as C.C.No.2130 of 2020 on the file of I Additional Judicial First Class Magistrate - cum - I Additional Junior Civil Judge, Rajamahendravaram in place of C.C.No.2130 of 2020 on the file of II Additional Judicial First Class Magistrate - cum - II Additional Junior Civil Judge, Rajamahendravaram and District name is amended in the dockets. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K V Aditya Chowdary, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 on The Court made the following: ■0 APHC010630472022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9342 OF 2022 Between: ...PETITIONER/ACCUSED Tirumalasetti Srinivas AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1. K V ADITYA CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner, seeking quashment of the proceedings pending against them in Crime No.2130 of 2020, on the file of the Court of I Additional Junior Civil Judge, J Rajamahendravaram. % Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.Notice which was sent to the respondent No.2 was returned un-served 2. as “no such person in the address’. Learned counsel for the petitioner would submit that the name of the payee is not tallied with the name of the complainant and continuing criminal case against the petitioner is nothing but abuse of process of law. 3. Since the issue raised before this Court is regarding the name of the payee, whether the person is “KamisettiSatti Babu” or “KamireddiSatti Babu”, it is a question of fact, which needs to be decided during course of trial, it is not proper to exercise the jurisdiction to quash the proceedings. 4. 5. At this stage, learned counsel for the Petitioner seeks dispensing the presence of the Petitioner before the trial court. In that view, the petition is disposed of. The petitioner is at liberty to raise his contentions before the Trial Court, who shall take appropriate decision over the matter, according to law. The presence of the petitioner before the Trial Court is disposed with, unless his presence is specifically directed by the Trial Court.As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. 6. Sd/- P U V BHASKAR RAO ASSISTANT REGISTI^R //TRUE COPY// SECTION OFFICER To, 1. The I Additional Judicial First Class Magistrate-Cum-I Additional Junior Civil Judge, Rajamahendravaram, East Godavari District. / 2. One CC to Sri K V Aditya Chowdary, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravathi. [OUT] 4. Three CD Copies at MV sree HIGH COURT DATED: 25/02/2025 \ ORDER CRLP.No.9342 of 2022 ANOS^ S 2 9 MAR 2025 m «o ^ . Current Section . DISPOSING OF THE CRIMINAL PETITION