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2025 DAILYLAW 52127 (AP)

GALBA SRIHARSHA VARDHAN @ GALBA HARSHA v. THE STATE OF ANDHRA PRADESH

CRLP/4360/2025 · 2025-04-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ •» IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4360 OF 2025 Between: Galba Sriharsha Vardhan @ Galba Harsha, S/o.Srinivasa Rao, aged about 28 years. Occ:Pvt.Employee, R/o.Door No.6-10-85, Ward, Narravari Street, Bapatia Town, Bapatia District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through S.H.O, Bapatia Town Station. Police ...Respondent/Complainant Petition filed under Section 482 of Cr.P.C (under Section 528 of BNSS) praying that in the circumstances stated in the Memorandum of Gro^ds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/accused No.1 in SC No.948 of 2024 on the file of the I Additional District and Sessions Judge, Guntur. I.A. NO: 2 OF 2025 s; Petition filed under Section 482 of Cr.P.C (under Section 528 BNSS) praying that in the circumstances stated in the Memorandum of Crimirral Petition, the High Court ^may be pleased to stay all further proceedings including the appearance of the petitioner/accused No.1 No.948 of 2024 on the file of the I Additional District and Sessions Guntur, pending disposal of the main Criminal Petition. of in SC Judge, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. Kamireddy Divya, Advocate for Petitioner and the Assistant Prosecutor on behalf of Respondent. Public The Court made the following; X ^PHC010201092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4360/2025 Gaiba Sriharsha Vardhan @ Galba Harsha AND ...PETITIONER/ACCUSED State Of Andhra Pradesh Counsel for the Petitioner/accused: ^ KAMI REDDY DIVYA Counsel for the Respondent/complainant; ...RESPONDENT/COMPLAINANT The 4 The Court made the following: 2 CRLP. No.4360 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4360 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the state. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.1 in S.C. No.948 of 2024 on the file of the Court of the I Additional District & Sessions Judge, Guntur, for the alleged offences under Sections 20(b)(ii)(A), 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The learned counsel further submits that the petitioner has been falsely implicated in the case, as no contraband was recovered from his direct possession. The contraband, weighing one kg, was allegedly discovered at the residence of the petitioner's grandfather. It is further submitted that the petitioner has never visited his grandfather’s house and that his implication arises solely from the confession of the co-accused. It is submitted that the investigation by the police has been concluded, and a charge sheet has been duly filed. 4. The learned Assistant Public Prosecutor appearing for the State submits that matter requires adjudication by the trial court, where the veracity of the petitioner’s alleged involvement and other factual issues will be determined. 5 3 CRLP. No.4360 OF 2025 5. This Court, without going into the merits of the case, leaves it open for the petitioner to raise all these contentions before the trial court. 6. With these observations, the criminal petition stands dismissed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall Stand closed. SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// is:: SECTION OFFICER To, 1. The I Additional District and Sessions Judge, Guntur, Bapatia Police Station, Bapatia District. 2. The Station House Officer, Bapatia Town District. 3. One CC to M/s. Kamireddy Divya, Advocate [OPUC] 4. Two GO'S to the Public Prosecutor, High Court Amaravati [OUT] 5. Three CD Copies of Andhra Pradesh at BSV TF X HIGH COURT DATED:24/04/2025 \ ORDER CRLP.No.4360 of 2025 X DISMISSING THE CRIMINAL PETITION