GORRELA VENKATA KOTESWARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/860/2025 · 2025-01-30
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5107 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5107 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY THE THIRTIETH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINALPETITIONNO: 860 OF 2025 Between:
1. Gorrela Venkata Koteswara Rao, S/o. Apparao, Aged 56, R/o. D. No. 1- 25, BC Colony, Parimella Village, Pentapadu Mandal, West Godavari Distrct, A.P.
2. Gorrela Parvathi, W/o. Venkata Koteswara Rao, Aged 53, R/o. D.No. 1- 25, BC Colony, Parimella Village, Pentapadu Mandal, West Godavari Distrct, A.P.
3. Karanam Varalakshmi, W/o. Subrahmanyam, Aged 39, R/o. D.No. 1- 190, Arjit Sighnagar, Vijayawada, A.P.
4. Karanam Subrahmanyam, S/o.Venkateswarao, Aged 46, R/o. D.No. 1- 190, Arjit Sighnagar, Vijayawada, A.P. ...Petitioners/Respondents 2 to 5 AND
1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. 2. Smt. Gorrela Subashini, W/o Gorrela Rama Krishna, Aged 36, R/o D.No. 9-112/3, Near SBI Bank Road Sriramnagar, 5th Road, Eluru, West Godavari. 3. Gorrela Joel Tej, (being Minor rep. by his mother/2"'^ respondent) S/o. Rama Krishna, Aged 7, R/o D.No.9-112/3, Near SBI Bank Gorrela Road, Sriramnagar, 5th Road, Eluru, West Godavari. ...Respondent/Complainants that in the under Section 529 of BNSS praying Petition circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to issue a direction on DVC No.25 of 2020 Court of the Judicial Class Magistrate for Special Mobile Court, West Godavari to dispose the Set-aside exparte application filed by to the Eluru, the petitioners herein as expeditiously as possible. I.A. NO: 1 OF 2025 that in the under Section 529 of BNSS praying Petition circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay the entire execution proceedings in with DVC No. 25 of 2020 pending disposal of the Criminal connection petition.
This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mutyala Sobhanadri Naidu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 The Court made the following Order:
APHC010040622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3333] PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 860/2025 Between: ...PETITIONER/ACCUSED(S) Gorrela Venkata Koteswara Rao and Others AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S);
1.MUTYALA SOBHANADRl NAIDU Counsel for the Respondent/complainant{S):
1. PUBLIC PROSECUTOR The Court made the following;
3 t%
ORDER: This Criminal Petition is filed by the petitioners herein under Section 482 of Cr.P.C., to direct the learned III Additional Civil Judge (Junior Division) cum Special Judicial Magistrate of First Class for Mobile for Trial of Cases under PCR Act, at Eluru to dispose of I.A.No.1288 of 2024 in D.V.C.No.25 of 2020 as expeditiously as possible.
2. Heard
learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the respondent No.1/State.
Learned counsel for the petitioners would submit that the only request of the petitioners herein is to direct the learned Magistrate to dispose of I.A.No.1288 of 2024 in D.V.C.No.25 of 2020 filed for set-aside of exparte decree granted in favour of the de facto complainant, as expeditiously as possible.
3. Considering the facts and circumstances of the case, this Court is of the considered opinion that the present Criminal Petition can be disposed of at the stage of admission itself, with a direction to the
4. without going into the merits of the case learned Magistrate to dispose of I.A.No.1288 of 2024 in
4 i* D.V.C.No.25 of 2020 on the file of learned III Additional Civil Judge (Junior Division) cum Special Judicial Magistrate of First Class for Mobile for Trial of Cases under PCR Act, at Eluru as expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of copy of the order.
5. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications pending, if any, shall stand closed.
SDI- P U V BHASKARA RAO ASSISTANT REGISTRAR R' ^ //TRUE COPY// SECTION OFFICER To,
1. The Special Judicial 1®' Class Magistrate ( Mobile)- cum-lll Additional Civif Judge (Junior Division) Eluru, West Godavari
2. One CC to Sri. Mutyala Sobhanadri Naidu, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT]
4. Three CD Copies MKP sree
HIGH COURT DATED :30/01/2025
ORDER CRLP.No.860 of 2025 u| 0 6 FEB 2025 % €» Current Section RSSS DISPOSING THE CRLP