GURRALA SREENIVASULU v. THE STATE OF ANDHRA PRADESH
CRLP/942/2025 · 2025-02-06
B V L N Chakravarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49311 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49311 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B. V. L. N. CHAKRAVARTHI^ CRIMINAL PETITION NO: Qd7 np onoiz .-fi ■ ■ % V 4} Between: Gurrala Sreenivasulu, Aged about Administrative Department of Government of U. AMbroisa-H-Tower, Omaxe R-2 Lucknow, Uttar Paradesh. 55 years, Occ; Secretary to - P, IAS, R/o.Flat No.703, Sector-7, Gomti Nagar Extension, ...PETITIONER/ACCUSED AND
1. The State Of Andhra Pradesh represented by its Inspector of Police, C I D., RO., Guntur, Through Special Public Prosecutor Andhra Pradesh. High Court of DEFACTO COMPLAINANT/RESPONDENT
2. M/s. Dream World India 85 S MR Arcade, Vinayaka Nagar, Hebbal, Beside viva Toyota Showroom, Bangalore city, Karnataka. 1 )
3. Dhananjaya Naidu, Senior Manager, M/s. Dream World India. 85 S MR Arcade, Vinayaka Nagar, Hebbal, Beside viva Toyota Showroom, Bangalore city, Karnataka. ACCUSED 1 and 2/PROFORMA PARTIES of Cr.P.C is filed praying that in the of Criminal Petition, to quash the proceedings in CrI M P 4499 0 2024 and CrI.M.P. No.4194 of 2024 in Cr.No.4 of 2022 of ClD PS on the file of the Hon'ble III Addl.Cheif Metropolitan Magistrate Court, Vijayawada registered under Sections 420. 409 r/w 34 I PC as far as petitioner/ Petition under Section 482 circumstances stated in the Memorandum of Grounds the High Court may be pleased Suspect No.1 is concerned. -2- ‘ I.A. NO: 1 OF 2025 '1-1, Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings in Cr.No.4 of 2022 of CID PS on the file of the Hon'ble III Addl.Cheif Metropolitan Magistrate Court, Vijayawada, including petitioner’s appearance, pending disposal of the above criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KRISTAM SAKTHI NIRANJAN GUPTHA ,Advocate for the Petitioner and the Public Prosecutor on behalf of Respondent No.1.
The Court made the following:
APHC010045272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT [3368] THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 942/2025 Between: Gurrala Sreenivasulu ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1.KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent/coniplainant(S):
1. PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition is filed by the petitioner herein under Section 482 Cr.P.C., to quash the proceedings in Crl.M.P.No.4499 of 2024 and Crl.M.P.No.4194 of 2024 both on the file of learned III Additional Chief Metropolitan Magistrate Court, Vijayawada. Heard learned counsel for the petitioner and learned Additional
2. Public Prosecutor appearing for the State. t I
3. On a perusal of the record, it appears that the Police/Prosecuti on filed application under Section 311(A) Cr.P.C., for obtaining signatures of the petitioner. The grievance of the petitioner is that the learned
2 Magistrate without giving liberty to the petitioner to raise objections issued summons directing him to give signatures and therefore, the
order of the learned Magistrate is not in accordance with facts of the case as well as the same is against the law. Considering the facts and circumstances of the case, this Court
4. is of the considered opinion that the present Criminal Petition can be
disposed of at the stage of admission itself, remitting the matter to the learned Magistrate by setting aside the impugned orders passed by the learned Magistrate. Learned Magistrate is further directed to issue summons to the petitioner and consider his objections on the said applications filed by the prosecution and pass appropriate orders afresh on the said applications, in accordance with law, after hearing both sides and by taking into consideration the law laid down by the Hon’ble Apex Court in M/s.JM Laboratories and Others Vs. State of Andhra Pradesh and Another. Accordingly, the Criminal Petition is disposed of.
5. As a sequel, interlocutory applications pending, if any, shall stand closed.
Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// t SECTION OFFICER To
1. The III Additional Chief Metropolitan Magistrate. Vijayawada.
2. The Station House Officer, CID PS, Amaravathi, Mangalagiri, Guntur District.
3. One CC to Sri Kristam Sakthi Niranjan Guptha, Advocate [OPUC]
4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
(RDB) HIGH COURT DATED:07/02/2025 rnJUN 2025 I . Currant Section .^ 3e
ORDER CRLP.No.942 of 2025 CRIMINAL PETITION IS DISPOSED OF