IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1482 OF 2023 Between: V.Srinivasula Reddy, S/o.Nagi Reddy, Hindu, aged 45 years, R/o.Flat No.405, V.R.Nakshatra Apartment, Street No.3, Gollapudi, Vijayawada, Krishna District. ...Petitioner/Accused AND 1. V.Kumar Reddy, S/o.Brahmma Reddy, aged 59 years, R/o.Chilukurivari Gudem, Pullur Post, Mylavaram Mandal, Krishna District. (Complainant) 2. The State of Andhra Pradesh, represented by Public Prosecutor, High Court of A.P, Amaravati. ...Respondents Petition filed under 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 proceedings in C.C.No.206 of 2023 in the Court of Junior Civil Judge-cum-Judicial Magistrate of First Class, Mylavaram, Krishna District. :4?% ■A. NO: 1 OF 2023 Petition filed under 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 stay all further proceedings in C.C.No.206 of 2023 in the Court of Junior Civil Judge-cum-Judici al Magistrate of First Class, Mylavaram, including presence of Accused, pending quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Party in Person (Petitioner) and the Assistant Public Prosecutor on behalf of Respondent No.2 and none appeared for Respondent No.1 The Court made the following: ^3' APHC010092602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1482/2023 Between: V.srinivasula Reddy ...PETITIONER/ACCUSED AND V Kumar Reddy and Others Counsel for the Petitioner/accused: 1. PARTY IN PERSON Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.P NAGENDRA REDDY The Court made the following: ...RESPONDENT/COMPLAINANT(S) II2II THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1482 OF 2023 ORDER: 1. The petitioner appeared as party-in-person and he submitted that he respondent alleging that the 1®* filed a complaint against the 1 respondent conducting illegal business of selling gravel. In this regard the Commissioner, Panchayatraj and Rural Development vide memo No.09.04.2020 has forwarded the complaint of the petitioner to the District Collector, Krishna District for taking necessary action. It is submitted that the enquiry is pending against the 1®* respondent. 2. Aggrieved by the complaint filed by the petitioner, the 1®* respondent filed a private complaint under Section’ 499, 500 IPC. The learned Magistrate initially considered material on record and dismissed the complaint after recording statements of witnesses, the learned Magistrate dismissed the complaint on14.06.2019 as no merits in the complaint. 3. Thereafter, the 2"'’ respondent filed criminal revision petition vide CRLP.No.38 of 2019 on the file of XV Additional District Judge and Sessions Judge, Krishna at Nuzvid. The learned Additional District and Sessions Judge vide order dated 23.12.2022 remanded the matter back to the trial court to conduct further enquiry in the matter and to dispose the same according to law. 4. The petitioner further submits that on 01.02.2023, the learned Magistrate has passed the following cryptic order “Heard and perused the record. On perusaj of the statement of complaint and LW-2 & documents filed along with the complaint A prima facie acquisition is made out against the accused for the offences U/S.499, 500 of IPC Hence, the complaint is taken on file for the offences U/s.499 & 500 IPC against the accused. Issue summons to Accused process”. on payment of 5. The petitioner submits that docket order dated 01.02.2023 is bereft of any details and the order also is silent on the Prima facie material which is relied upon for taking cognizance of the offence and issued summons to the petitioner. On 14.06.2019, the same Magistrate has held that there is no material on record and on 01.02.2023 the Magistrate has taken a contrary view; however, has not detailed the satisfaction of the Court for issuing summons. 6. A notice is served on the 1^‘respondent, however, there i representation today. 7. Heard the petitioner as party-in-person and the learned Assistant Public Prosecutor for the state. Perused the record. 8. The docket order dated 01.02.2023 is bereft of any details and the order of cognizance need not*be elaborate. At the same time, the prima facie satisfaction of the learned Magistrate and the application of mind of the learned Magistrate should glaringly evident on the docket order. 9. Considering the order passed by the learned Magistrate 01.02.2023is bereft of any details nor does the order details as to what IS no on UAH c.'feit.- prima facie material is available for issuing summons against the petitioner. On these grounds, the docket order dated 01.02.2023 passed by the Junior Civil Judge - Cum - Judicial Magistrate of First Class, Mylavaram is hereby set aside. 10. Accordingly, the criminal petition is allowed. As a sequel, miscellaneous petitions pending, if any, shajl(starS^d closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Mylavaram, Krishna District. 2. One CC to V.Srinivasula Reddy, S/o.Nagi Reddy, R/o.Flat No.405, V.R.Nakshatra Apartment, Street No.3, Gollapudi, Vijayawada, Krishna District. (PARTY IN PERSON) [OPUC] 3. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, Fligh Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies BSV Cnr r- HIGH COURT BSV DATED:30/04/2025 ORDER 0 \ AUG 2025 Xo 6»A . Current Section ^ CRLP.No.1482 of 2023 ALLOWING THE CRIMINAL PETITION