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2025 DAILYLAW 50208 (AP)

GUVVALA SIDDA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/4916/2025 · 2025-05-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4. ‘ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4916 OF 2025 Between: Guvvala Sidda Reddy, S/o G Pedda Kesi Reddy R/o. Village, Chintakommadinne Mandal. Kadapa District Bayanapalli ...PETITIONER/ACCUSED(S) AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, Amaravathi 2. Bhumireddy Jayarami .Reddy., S/o. B. Venkata Reddy, R/o. D.No. 54/24-4 Nabikot, Kadapa District. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the Docket Order dated 02.12.2024 passed in C.C No. 1435 of 2021 on the file of the Court of the II Additional Judicial First Class Magistrate, Kadapa. / I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the. High Court may be pleased to dispense with filing of certified copy of Docket order dated 02-12-2024 passed in C.C No 1435 of 2021 on the file of the Court (!!!\'the II Additional Judicial First Class Magistrate, Kadapa I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS, 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 C.C No. 1435 of 2021 on the file of the Court of the II Additional Judicial First Class Magistrate Kadapa, pending disposal of Criminal Petition before this Hon'ble Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Prakash Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: /. .APHC010229712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4916/2025 Between: ...PETITIONER/ACCUSED Guvvala Sidda Reddy AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT{S) Others Counsel for the Petitioner/accused: 1.C PRAKASH REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ^ t CRL.P. No.4916 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4916 OF 2025 ORDER: submissions of the learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner is aggrieved by the order, 02.12.2024, passed by the II Additional Judicial First Class Magistrate, Kadapa, whereby the learned Magistrate discharged sought to be cross-examined by the petitioner. It is 1. Heard the the dated the witnesses submitted that on 12.07.2024, the learned Magistrate allowed the filed by the petitioner seeking to send Exs.P.1 and P.2 for petition forensic examination by a handwriting expert. The petitioner was directed to deposit a sum of Rs.7,000/- towards expert fees on or 30.07.2024. However, the petitioner has failed to comply before with the said direction. Consequently, on 02.12.2024, the learned necessity to send the Magistrate observed that there was no documents for expert opinion. Further, the learned Magistrate observed that despite being granted several adjournments, the petitioner failed to deposit the requisite expert fee. The matter was subsequently posted for arguments on 17.12.2024, and thereafter adjourned to 31.12.2024, 07.01.2025, 30.01.2025, 03.02.205, 17.02.2025, 01.04.2025, arguments on behalf of the accused were heard, and \ 01.04.2025. On 03.03.2025, 17.03.2025 and 3 V CRLP. No.4916 of 2025 the matter was posted for further arguments on 15.04.2025, later adjourned to 28.04.2025, and subsequently to 29.04.2025. On 29.04.2025, it was informed to the learned Magistrate that the accused had approached this Court. Meanwhile, on 30.01.2025, the petitioner filed a petition seeking recall of the order dated 02,12.2024. However, the same was returned with an endorsement directing the petitioner to mention the correct provision of law. 3. Be that as it may, by the order dated 12 07.2024, the learned Magistrate had allowed the recall of witnesses and directed the petitioner to deposit of Rs.7,000/- for sending the disputed signatures for forensic examination. The failure of the petitioner to comply with the said direction, both on 12.07.2024 and 02.12.2024, indicates a lack of diligence and interest in prosecuting the matter, as rightly observed by the learned Magistrate. At this stage, when the matter is posted for final arguments, the petitioner seeks to send the disputed exhibits for expert opinion. 4. Considering the status of the case and the willful delay on the part of the petitioner, this Court is not inclined to s iterfere. 5. Accordingly, the criminal petition stands dismissed. 6. Miscellaneous petitions, if any, pending in this criminal petition shall on SD/- N NAGAMMA ASSISTANT REGISTRAR S^TION OFFICER //TRUE COPY// To, 1. The W Addttional Judicial First Class Magistrate; Kadapa, Kadapa D\s\rtct 2. One CC to Sri. C Prakash Reddy Advocate [OPUC] Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies 3. 4. J' high court DATED;05/05/2025 \ \; \ ORDER CRLP.No.4916 of 2025 dismissing THE CRLP WITHOUT COSTS I . Distrir't