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2025 DAILYLAW 40516 (AP)

Sanku Syam Prasad Mukharji Naidu @ Mukharji v. The State of Andhra Pradesh

CRLP/12553/2025 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010652642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12553/2025 Between: 1. SANKU SYAM PRASAD MUKHARJI NAIDU @ MUKHARJI, S/O AMMITAJU, AGED ABOUT 31 YEARS, R/O Y.S.R COLONY, BHUVANAPALLI VILLAGE, NIDAMARRU MANDAL, ELURU DISTRICT 2. CHAMANA SATYANARAYANA SATTI, , S/O KESAVARAO, AGED ABOUT 29 YEARS, R/O VARADARAJAPURAM VILLAGE,GANAPAVARAM MANDAL. 3. VATTIKUTI SATAYANARAYANA SATISH, , S/O BHIGESWARARAO, AGED ABOUT 19 YEARS, R/O UPPULURU VILLAGE, NIDAMARRU MANDAL, ELURU DISTRICT 4. KAKARLA KIRAN, S/O SATYANARAYANA, AGED ABOUT 28 YEARS, GANAPAVARAM VILLAGE,GANAPAVARAM MANDAL 5. ADABALA BHEEMESWARARAO BHEEMESH, S/O RAMBABU, AGED ABOUT 22 YEARS, GANAPAVARAM VILLAGE, GANAPAVARAM MANDAL 6. PAIDI EWARARAO EESWAR, S/O RAMAKRISHNA, AGED ABOUT 19 YEARS, BHUVANAPALLI VILLAGE, NIDAMARRU MANDAL, ELURU DISTRICT. 7. AKULA AJAY KUMAR AJAY, S/O RAMAKRISHNA, AGED ABOUT 23 YEARS, R/O GANAPAVARAM VILLAGE, GAMAPAVARAM MANDAL. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AMARAVATHI. 2. KHAMBAMPATI MADHU, S/O SRINIVASA RAO, AGED ABOUT 26 YEARS, DRIVER, R/O BHUVANAPALLI VILLAGE, NIDAMARRU MANDAL, ELURU 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 call for the records relating to C.C No.392 of 2024, on the file of the Judicial Magistrate of First Class - cum - Principal Civil Judge (Junior Division), Tadepalligudem, West Godavari District and quash the same IA NO: 1 OF 2025 Petition under Section 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 stay of all further proceedings including the appearance of the petitioners/A-1 to 7 in C.C No.392 of 2024, on the file of the Judicial Magistrate of First Class - cum - Principal Civil Judge (Junior Division), Tadepalligudem, West Godavari District, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. T V JAGGI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/A1 to A7, relating to C.C.No.392 of 2024 on the file of the learned Judicial Magistrate of First Class-cum-Principal Civil Judge (Junior Division), Tadepalligudem, for the offences punishable under Sections 341, 324, 506 read with 34 of I.P.C. 2. Heard Sri Satyanandam, learned Counsel for the Petitioners/A1 to A7 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the Petitioners/accused would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners by dispensing the presence of the Petitioners before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the Petitioners/accused. However, the presence of the Petitioners/Accused Nos.2 to 7, before the Trial Court is dispensed with, unless their presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025 M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 12553 of 2025 Dated.04.12.2025 M K K 257