Extracted from the PDF above. The PDF is authoritative.
APHC010439102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9904 OF 2025 Between:
1. Pampana Ratnavalli, W/o Ganapathi Hindu Occ Private Employee D No 9- 157/4, behind bashyam School Venkatrayapuram Tanuku Mandal. West Godavari District. Off oriental Insurance Com Ltd, Opp Andhra Bank Nidadavolu. West Godavari District. ...Petitioner AND
1. The State of Andhra Pradesh, rep. By its Public Prosecutor High Court of Judicature at Amaravathi. 2. Kasagani Satyanarayana, S/o Krishna Murthy Hindu, aged about 53 years, Occ Business Tadiparru Village, Undrajavaram Mandal. West Godavari District ...Respondents 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 call for the record relating to and in connection with the order dated 14-07-2025 made in Crl.M.P.No. 416 of 2025 in Crl.A.No. 70 of 2023 on the file of the Honble IV Additional District and Sessions Judge, West Godavari at Tanuku and pass
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 pleased to stay of all further proceedings in Crl.A.NO.70 of 2023 on the file of the Hon’ble IV Additional District and Sessions Judge, West Godavari at Tanuku pending disposal of main CrI.Revision Case, and pass Counsel for the Petitioner: S SYAMSUNDER RAO Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9904 OF 2025 ORDER:
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/Accused No.3, seeking quashment of the order dated 14-07-2025 made in Crl.M.P.No. 416 of 2025 in Crl.A.No. 70 of 2023 on the file of the Honble IV Additional District and Sessions Judge, West Godavari at Tanuku. 02. Heard Sri S.Syam Sunder Rao, learned counsel for the petitioner(s). 03. The petitioner herein is Accused, who suffered conviction in C.C.No.820 of 2018 on the file of the Special Magistrate Court, Tanuku, for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Aggrieved by the conviction and sentence, he preferred Crl.A.No.70 of 2023 before the appellate Court.
During the pendency of the appeal, the petitioner filed Crl.M.P.No.416 of 2025 seeking a direction to the Income Tax Authorities to produce the additional evidence by examining the income tax department, Tanuku in relation to the income tax returns of the complainant. The said petition, however, was dismissed by the learned appellate Court on the ground that no such plea had been raised before the trial Court. 04. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 05. Having considered the submissions and fair look on the material placed on record, it is evident that the petition before the appellate Court was dismissed on the reasoning that the plea for production of income tax returns was not raised during the trial proceedings. Be that as it may, the fact remains that the complainant, who was examined as P.W.1 during trial, has not been shown to have disclosed any such entries in his income tax returns for the relevant period. In such circumstances, seeking a direction to the Income Tax Authorities for production of income tax returns, at the appellate stage, would not serve any useful purpose. Therefore, this Court does not find any merit in the present petition. Accordingly, the criminal petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________
Dr.VENKATA JYOTHIRMAI PRATAPA, J
Date: 22.09.2025 KKV
HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.9904 of 2025
Dt.22.09.2025
KKV