Sarimalla Sangameswara Rao v. The State of Andhra Pradesh
CRLP/10055/2025 · 2025-09-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46856 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46856 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010512442025
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10055 OF 2025 Between:
1. Sarimalla Sangameswara Rao, S/o. Koteswara Rao, Aged 39 Years,R/o. D.No.3-142, Dodda Devarapadu,Veerulapadu Mandal, Krishna District. 1. The State of Andhra Pradesh, rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. 2. Sarimalla Sudharashan, S/o. Narasimha Rao,Aged 33 years, R/o. Dodda Devarapadu,Veerulapadu Mandal, Krishna District Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in Criminal Petition, the High Court against the petitioner in connection with Crime No.147 of 2023 of Veerulapadu P.S., NTR District (Erstwhile Krishna District), 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 dispense with the filing of certified 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10055 OF 2025
1. Sarimalla Sangameswara Rao, S/o. Koteswara Rao, Aged 39 Years,R/o. 142, Dodda Devarapadu,Veerulapadu Mandal, Krishna District. ...Petitioner AND
1. The State of Andhra Pradesh, rep by its Public Prosecutor,High Court of Amaravati. 2. Sarimalla Sudharashan, S/o. Narasimha Rao,Aged 33 years, R/o. Dodda Devarapadu,Veerulapadu Mandal, Krishna 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 Court pleased to quash the entire proceedings against the petitioner in connection with Crime No.147 of 2023 of Veerulapadu P.S., NTR District (Erstwhile Krishna District), and pass 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 dispense with the filing of certified IN THE HIGH COURT OF ANDHRA PRADESH
WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Sarimalla Sangameswara Rao, S/o. Koteswara Rao, Aged 39 Years,R/o. 142, Dodda Devarapadu,Veerulapadu Mandal, Krishna District. ...Petitioner
1. The State of Andhra Pradesh, rep by its Public Prosecutor,High Court of
2.
Sarimalla Sudharashan, S/o. Narasimha Rao,Aged 33 years, R/o. Dodda ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the Memorandum of Grounds of pleased to quash the entire proceedings against the petitioner in connection with Crime No.147 of 2023 of Veerulapadu P.S., NTR District (Erstwhile Krishna District), and pass 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 dispense with the filing of certified
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copies of FIR In Crime No.147 of 2023 of Veerulapadu P.S., NTR District (Erstwhile Krishna District), and to pass 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 grant stay of all further proceedings including arrest of the petitioner/Accused in connection with Crime No. 147 of 2025 of Veerulapadu P.S., NTR District (Erstwhile Krishna District), pending disposal of main criminal petition and pass Counsel for the Petitioner: CH SRI NAGA MEENA KUMARI Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10055 OF 2025
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused, seeking to quash the proceedings in C.C. No. 18 of 2018, on the file of the Judicial Magistrate of First Class, Mylavaram, Krishna District, insofar as the petitioner is concerned.
2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of the respondent–State.
3. The case of the prosecution, in brief, is that the petitioner is alleged to have committed an offence punishable under Section 420 IPC. Basing on the report lodged, the police registered a case and took up investigation. The
learned counsel for the petitioner would submit that even as per the contents of the complaint and the material collected, no ingredients of cheating are made out against the petitioner. It is further contended that the petitioner is being unnecessarily harassed by the police under the guise of investigation and prays that the proceedings in the above C.C. be quashed or issue a direction not to harass the petitioner and to conclude the investigation expeditiously.
4. On the other hand, the learned Assistant Public Prosecutor submits that the investigation is still under progress and that necessary action will be taken
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strictly in accordance with law. It is further contended that at this stage, it may not be appropriate for this Court to quash the proceedings.
5. Having considered the submissions made on either side and on perusal of the record, this Court is of the opinion that the matter is still under investigation, and therefore, it may not be proper to interfere with the proceedings at this stage by exercising inherent powers under Section 482 Cr.P.C.
6. Accordingly, this Criminal Petition is disposed of directing the Investigating Officer shall not harass the petitioner under the guise of investigation and shall strictly follow the due process of law. The Investigating Officer is directed to conclude the investigation in Cr.No.147 of 2023 of Veerulapadu P.S, NTR District and file a final report before the competent Court within six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
_______________________________________
Dr. VENKATA JYOTHIRMAI PRATAPA, J
Date: 24.09.2025 KKV
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288 HON’BLE Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.10055 of 2025
Dt.24.09.2025
KKV