Riphath Babu Athyala v. The State of Andhra Pradesh
CRLP/11151/2025 · 2025-10-28
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41789 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41789 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010546802025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11151/2025 Between:
1. RIPHATH BABU ATHYALA, S/O JOSEPH AGED ABOUT 51 YEARS, OCCUPATION MANAGER R/O OLD ALWAL, KISTAMMA ENCLAVE
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, REPRESENTED BY SHO, PS KOLLIPARA, HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMRAVATHI
2. KAKANI VAMSHI RANI, D/O KAKANI KAMALAKARA RAO AGED ABOUT 35 YEARS.
OCCUPATION HOUSEWIFE
R/O ANNAVARAPULANKA, KOLLIPARA MANDAL, TENALI.
...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 Courtpleased to direct the Hon'ble II Additional Junior Civil Judge cum Judicial 1 Class Magistrate, at Tenali to consider the application vide CRLP.M.P. No. 345_8 of 2025 for Recall/Cancel the Non- Bailable Warrants issued on 06-10-2025 Issued against the Petitioner in his absence, in the interest of justice and circumstances of the case 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
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High Court may be pleased pleased to dispense with filing of the certified copy of FIR No: 119/2019, Charge Sheet dated 21.11.2019, Docket proceedings sheet dated: 06.08.2025, 18.08.2025, 26.08.2025, 08.09.2025, 19.09.2025, 29.09.2025 and 06.10.2025 of II Additional Junior Civil Judge cum Judicial 1 Class Magistrate, at Tenali, FCOP No: 673/2019, GWOP No: 34 of 2019 and Lok Adalat Awardpending disposal of the above criminal petition IA NO: 2 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 pleased to stay all further proceedings as against the Petitioner in C.C. No: 20/2020, Cr.No: 119/2019, arising out of FIR No: 119/2019 before the II Additional Junior Civil Judge cum Judicial 1 Class Magistrate, at Tenali and Charge sheet dated 22.11.2019, pending disposal of the above criminal petition Counsel for the Petitioner/accused:
1. DEEPAK MISRA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11151/2025
ORDER:
This Criminal Petition has been filed by the petitioner/Accused seeking a direction to the learned II Additional Junior Civil Judge, Tenali to consider the application vide Crl.M.P.No.3458 of 2025 for recall/cancel the non-bailabel warrant issued on 06.10.2024.
2. Heard Sri L.Ravichander, learned counsel representing Sri Deepak Misra, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor are in attendance.
3.
Learned counsel for the petitioner would submit that the petitioner/Accused is facing allegations under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner is presently working in Saudi Arabia. He has been pursuing the matter before the trial Court through his counsel. The trial Court, however, issued a Non-Bailable Warrant against him in Crl.M.P.No.3458 of 2025, which is pending before the said Court. Learned counsel would further submit that a direction may be issued to the learned trial Judge to consider and dispose of the said application on merits and submits that the petitioner is coming and he can appear before the trial Court.
4. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders.
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5. Considering the submissions made, the Criminal Petition is disposed of. However, the learned trial Judge is directed to dispose of Crl.M.P.No.3458 of 2025 as expeditiously as possible.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
_________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.10.2025 SNI
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 11151/2025 Dated.29.10.2025
SNI
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