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2025 DAILYLAW 51302 (AP)

G. Venkata Mallaiah, v. The State of Andhra Pradesh

CRLP/10721/2025 · 2025-10-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010550262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [USB B WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER lO TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 10721 OF 209^ PRATAPA Between: G. Venkata Mallaiah, S/o. G.China Reddeppa, Aged about 46 years, R/o. Reddivaripalle village and post, Madanapalle Mandal District Annamayya ...PetItioner/PetItioner/Owner AND The State of Andhra Pradesh, Rep. by its Station House Officer Mudivedu Police Station, Mudivedu Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondent/Complainant Annamayya District, Through the Petition filed 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 allow the criminal petition by setting aside the order dated 04.09.2025, passed in CRLMP. No. 146 of 2025 of 2025 on the file of the Court of the Hon’ble I in Crime No. 77 Additional Judicial Magistrate of First Class, Madanapalle to the extent of directing the petitioner to deposit an amount of Rs.3,00,000/-. / y lA NO: 1 OF 2025 Petition filed 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 suspend the operation of the order dated 04.09.2025 passed in CRLMP. No. 146 of 2025 in Crime No. 77 of 2025 the file of the Court of the Hon’ble I Additional Judicial Magistrate of First Class, Madanapalle to the extent of directing the petitioner to deposit amount of Rs.3,00,000/-, pending disposal of the above Criminal Petition. on an Counsel for the Petitioner: Sri S.Varadarajulu Chetty Counsel for the Respondent: The Public Prosecutor The Court made the following: APHC010550262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3396] r / / / WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO; 10721/2025 Between: I.G. VENKATA MALLAIAH,, S/0 G. CHINA REDDEPPA AGED ABOUT R/0. REDDIVARIPALLE VILLAGE AND POST, 46 YEARS, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Station House Officer, Mudivedu Police Station, Mudivedu, Annamayya District Through the Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COMPLAINANT 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 pleased to allow the criminal petition by setting aside the order dated 04.09.2025 passed in CRIMP. No. 146 of 2025 in Crime No. 77 of 2025 on the file of the Court of the Hon’ble I Addl. Judicial Magistrate of I Class, Madanapalle to the extent of directing the petitioner to deposit an amount of Rs.3,00,000/-, and pass lA 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 to suspend the operation of the order dated 04.09.2025 passed in CRLMP. No. 146 of 2025 in Crime No. 77 of 2025 on the file of the Court of the Hon’ble I Addl. Judicial Magistrate of I Class, T 2 Madanapalle to the extent of directing the petitioner to deposit an amount of Rs.3,00,000/-, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1.S VARADARAJULU CHETTY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10721/2025 ORDER: This Criminal Petition has been filed against the order, dated 04.09.2025, passed in Crl.M.P.No.146 of 2025 in Cr.No.77 of 2025 on the file of the learned I Additional Judicial Magistrate of First Class, Madanapalle to the extent of imposing conditions directing the petitioner herein to deposit an amount of Rs.3,00,000/- for release of Tractor bearing registration No.AP 03 CW 5365 and Trolley No.AP 03 CW 5451, towards interim custody. X X 2. Heard Sri S.Varadarajulu Chetty, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. / / 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.655 of 2025, dated 31.01.2025. Considering the submissions made, in view of the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.655 of 2025, 4. dated 31.01.2025 and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Special Judge in the order dated 04.09.2025, passed in Crl.M.P.No.146 of 2025 in Cr.No.77 of 2025, to the extent of directing the petitioner to deposit an 4 amount of Rs.3,00,000/- is hereby set aside. The petitioner shall bond for Rs.3,00,000/- (Rupees Three like sum each to the execute a Lakhs Only) with two sureties for satisfaction of the learned I the Additional Judicial The rest of the conditions imposed by remain unaltered. Magistrate of First Class, Madanapalle. the learned Special Judge shall \ 5. With the above said modification the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. I Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District. 2. One CC to Sri S.Varadarajulu Chetty, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies GPC Vna T \ HIGH COURT \ DATED: 15/10/2025 ORDER CRLP NO. 10721 OF 2025 AND7^ 0 6 NOV 2025 © O Co ^Sj^unrent Sectjojjx^'^^ DISPOSING OF THIS CRIMINAL PETITION