SM Shaida alias Shaik Mohatad Shaida v. The State of Andhra Pradesh
CRLP/12524/2025 · 2025-12-02
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46584 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46584 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010653042025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12524/2025 Between:
1. SM SHAIDA ALIAS SHAIK MOHATAD SHAIDA, C/O. SAYYED MOHATAD SHAIK, AGED ABOUT 83 YEARS,R/O.FLAT.NO.A-202, SKYLINE TOWERS, MAIN ROAD,HARNADHAPURAM, NELLORE, SPSR NELLORE DISTRICT.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.
2. VALLEPU SRINIVASULU, S/O. PEDDA VENKATA SWAMY,AGED ABOUT 66 YEARS, R/O.MOLAKALA PUDI VILLAGE,V.SATRAM MANDAL, SPSR NELLORE 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 pleased to call for records of summons issued in CF.No.549 of 2023 on the file of the IV Additional Judicial Magistrate of I Class, Nellore, SPSR Nellore 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
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appearance of the Petitioner pursuance of summons issued in CF.No.549 of 2023 on the file of the IV Additional Judicial Magistrate of I Class Nellore, SPSR Nellore District., pending disposal of the CRLP.No. of 2025 before this Hon'ble Court. Counsel for the Petitioner/accused:
1. S DILIP JAYA RAM Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12524/2025
ORDER:
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 8Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the petitioner/Accused No.2, seeking to quash the summons issued in CF.No.549 of 2023 on the file of the learned IV Additional Judicial Magistrate of I Class, Nellore, SPSR Nellore District.
2. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
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Learned counsel for the petitioner would submit that while taking cognizance, the learned Judge after recording the statements of the complainant and witnesses, issued summons. The petitioner is an old aged person. The present petition may be disposed of, permitting the petitioner to place before the Court his objections over the matter through his counsel on record, by dispensing his presence before the Trial Court.
4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders.
5. Considering the submissions, this Criminal Petition is disposed of. However, the petitioner need not appear in person before the Court and he can submit his objections through his counsel on record.
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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025. Note: Issue CC today, B/o. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 12524/2025 Dated.03.12.2025
Note: Issue CC today, B/o. UPS
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