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2025 DAILYLAW 48560 (AP)

BANOTHU HALYA v. THE STATE OF ANDHRA PRADESH

CRLP/1866/2025 · 2025-02-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1866 OF 2025 Between: Banothu Halya, S/o. Banothu Denya, Aged about 46 Years, Occ Driver, R/o. D.No. 1-5-3, Budidi Gaddathanda, lllandu Road, Mahabubabad, Warangal District, Telengana State. ...Petitioner/Accused No. 1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. V. Subramanyam Reddy, S/o. late M.Venkata Ramappa, Aged about 43 Years, Occ Vigilance Inspector, Vigilance Wing, TTD, Tirumala, R/o Srinagar Colony, M.R.Palli, Tirupati, Tirupati District. ...Respondent/ De-Facto Complainants Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the entire proceedings in C.C. No. 660 of 2022 on the file of the court of Learned II Addl. Judicial Class Magistrate, Tirupati. LA. NO: 1 OF 2025 Petition 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 dispense with the filing of certified copy of charge sheet and FIR in C.C. No. 660 of 2022 on the file of the court of Learned II Addl. Judicial 1st Class Magistrate, Tirupati and receive the same in main Criminal Petition on file, in the interests of justice. LA. NO: 2 OF 2025 Petition 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 grant stay of all further proceedings including appearance of the Petitioner in C.C. No. 660 of 2022 on the file of the court of Learned II Addl. Judicial Class Magistrate, Tirupati, in the interest of Justice, in pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Muchakayala Narayana ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 The Court made the following order: APHC010081362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1866/2025 Between: ...PETITIONER/ACCUSED Banothu Halya AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1 .MUCHAKAYALA NARAYANA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: I ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioner/ Accused No.1 , seeking quashment of criminal proceedings against him in C.C.No.660 of 2022 on the file of II Additional Judicial Class Magistrate, Tirupathi. Heard Sri M.Narayana, learned counsel for the petitioner and Sri 2. C.Panini Somayaji, learned Additional Public Prosecutor. Learned Additional Public Prosecutor takes notice on behalf of the 3. State. Learned counsel for the petitioner would submit that a direction may be 4. given to the trial Court for expedite disposal of the C.C.No.660 of 2022 on the file of II Additional Judicial 1 Class Magistrate, Tirupathi, as the petitioner is the resident of Telangana State. Learned Additional Public Prosecutor would submit that Court may pass 5. appropriate orders. Considering the submissions made, speedy disposal of the case is a 6. right of the accused, in that view, this Criminal Petition is disposed of directing the trial Judge to dispose of C.C.No.660 of 2022 on the file of II Additional Judicial Class Magistrate, Tirupathi as expeditiously as possible without granting any adjournment in a casual way by mere asking. Pending applications, if any, shall stand closed. SOI- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Addl. Judicial First Class Magistrate, Tirupathi. 2. The SHO, Tirumala II Town Police Station, Tirupathi 3. One CC to Sri. Muchakayala Narayana Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High court of Andhra Pradesh [OUT] 5. Three CD Copies US HIGH COURT DATED;20/02/2025 ORDER CRLP.No.1866 of 2025 ^ 2 HUL 2075 . /Co ^^v^rentSectiOj ‘^^■^PATCY^ DISPOSING THE CRIMINAL PETITION