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2025 DAILYLAW 49036 (AP)

Kamma Shashidhara Achari v. THE STATE OF ANDHRA PRADESH

CRLP/9918/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010500962025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9918 OF 2025 Between: 1. Kamma Shashidhara Achari, S/o. Shankara Achari, aged 32 years, R/o. H. No. 12-43, B.V. Nagar Village, Gospadu Mandal, Kurnool District, Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh 2. Vadia Subramanyam Achari, S/o. Vadla Subbarayudu, Aged 85 years, R/o. Gundampadu Village, Sirvel Mandal, Kurnool District, Andhra Pradesh. 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 may be pleased to call for the records relating to and in connection with CC No. 255 o Judicial Magistrate of First Class, Allagadda in FIR No. 93/2022 dated 09.06.2022 on the file of the SHO, Gospadu Police Station, Kurnool District and to quash the same 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: 9918 OF 2025 1. Kamma Shashidhara Achari, S/o. Shankara Achari, aged 32 years, R/o. H. 43, B.V. Nagar Village, Gospadu Mandal, Kurnool District, Andhra ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh 2. Vadia Subramanyam Achari, S/o. Vadla Subbarayudu, Aged 85 years, R/o. Gundampadu Village, Sirvel Mandal, Kurnool District, Andhra Pradesh. ...Respondents n 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 may be pleased to call for the records relating to and in connection with CC No. 255 of 2023 on the file of the Judicial Magistrate of First Class, Allagadda in FIR No. 93/2022 dated 09.06.2022 on the file of the SHO, Gospadu Police Station, Kurnool District IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kamma Shashidhara Achari, S/o. Shankara Achari, aged 32 years, R/o. H. 43, B.V. Nagar Village, Gospadu Mandal, Kurnool District, Andhra ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Court of Andhra Pradesh, High Court Buildings at Nelapadu, 2. Vadia Subramanyam Achari, S/o. Vadla Subbarayudu, Aged 85 years, R/o. Gundampadu Village, Sirvel Mandal, Kurnool District, Andhra Pradesh. ...Respondents n 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 may be pleased to call for the records f 2023 on the file of the Judicial Magistrate of First Class, Allagadda in FIR No. 93/2022 dated 09.06.2022 on the file of the SHO, Gospadu Police Station, Kurnool District 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 CC No. 255 of 2023 on the file of the Judicial Magistrate of First Class, Allagadda in FIR No. 93/2022 dated 09.06.2022 on the file of the SHO, Gospadu Police Station, Kurnool District and pass Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9918 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 proceedings against him in CC No. 255 of 2023 on the file of the Judicial Magistrate of First Class, Allagadda in FIR No. 93/2022 dated 09.06.2022 on the file of the SHO, Gospadu Police Station, Kurnool District. 2. When the matter is taken up for hearing, learned counsel for the petitioner would submit that, without causing any prejudice to the rights and contentions of the petitioner, the petition may be disposed of. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 4. In that view, this Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. This Court makes it clear that this Court has not expressed anything touching the merits of the case. The petitioner is at liberty to raise all the contentions in their defence. The learned trial Judge may appreciate and pass appropriate orders according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 22.09.2025 KKV 37 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9918 of 2025 Dt.22.09.2025 KKV