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2025 DAILYLAW 52228 (AP)

REKHAPALLI SASIDHAR v. The State of Andhra Pradesh

CRLP/10584/2025 · 2025-10-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010543292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10584/2025 Between: 1. REKHAPALLI SASIDHAR, S/O. VENKATESWARA RAO, AGED 37 YEARS, OCC. PVT. EMPLOYEE, R/O.26-67/1, ANDHRA BANK STREET, THOTA, PAMARRU, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH MAHILA UPS, MACHILIPATNAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT FOR THE STATE OF ANDHRA PRADESH, HIGH COURT BUILDINGS, NELAPADU, GUNTUR, ANDHRA PRADESH STATE. 2. SMT REKHAPALLI LAVANYA, W/O. SASIDHAR, AGED 35 YEARS, OCC. HOUSEWIFE, R/O.H.NO. 13/262, NIZAMPET, MACHILIPATNAM, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 quash the proceedings against the Petitioner/ Accused No.l in CC.No.799 of 2025 on the file of the Honble Special Judicial Magistrate of First Class (Trying Prohibition and Excise Cases) at Machilipatnam and pass IA 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 2 High Court may be pleased to dispense with the filing of certified copies of charge sheet, 161 statements, in CC.No.799 of 2025 on the file of the HonTDle Special Judicial Magistrate of First Class (Trying Prohibition and Excise Cases) at Machilipatnam, complaint and FIR in Crime No.34 of 2025 of P.S. Mahila UPS, Machilipatnam dated 13.06.2025 and pass IA NO: 2 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 dispense with appearance of the Petitioner/Accused No.l in CC.No.799 of 2025 on the file of the Honhle Special Judicial Magistrate of First Class (Trying Prohibition and Excise Cases) at Machilipatnam, pending disposal of the same and pass IA NO: 3 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 stay all further proceedings against the Petitioner/Accused No.l in CC.No.799 of 2025 on the file of the Hon’ble Special Judicial Magistrate of First Class (Trying Prohibition and Excise Cases) at Machilipatnam, pending disposal of the same and pass Counsel for the Petitioner/accused: 1. NAGESHWAR RAO PUJARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10584/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the criminal proceedings in Charge Sheet in C.C.No.799 of 2025 on the file of the Hon’ble Judicial Magistrate of First Class (Trying Prohibition and Excise Cases), Machilipatnam for the offences under Section 85 BNS, Sections 3 and 4 of the DP Act,. 2. Heard Sri Nageshwar Rao Pujari, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public are in attendance. 3. Learned counsel for the petitioner would submit that this petition may be disposed of without causing any prejudice to their contentions raised by the petitioner in the present petition. 4. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused before the trial Court is dispensed with, unless his presence is specifically directed by the trial Court. The petitioner is at liberty to raise all his contentions in his defence before the trial court. The learned trial Judge may consider them and take. 4 Consequently, miscellaneous petitions, pending if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10584/2025 Dated.15.10.2025 SNI 103