GURRALA SREENIVASULU v. THE STATE OF ANDHRA PRADESH
CRLP/942/2025 · 2025-02-07
B V L N Chakravarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5345 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5345 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010045272025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION NO: 942/2025 Between: Gurrala Sreenivasulu
...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others
...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused:
1.
KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following order:
This Criminal Petition is filed by the petitioner herein under Section 482 Cr.P.C., to quash the proceedings in Crl.M.P.No.4499 of 2024 and Crl.M.P.No.4194 of 2024 both on the file of learned III Additional Chief Metropolitan Magistrate Court, Vijayawada.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
3. On a perusal of the record, it appears that the Police/Prosecution filed application under Section 311(A) Cr.P.C., for obtaining signatures of the petitioner. The grievance of the petitioner is that the learned
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Magistrate without giving liberty to the petitioner to raise objections, issued summons directing him to give signatures and therefore, the
order of the learned Magistrate is not in accordance with facts of the case as well as the same is against the law.
4. 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, remitting the matter to the learned Magistrate by setting aside the impugned orders passed by the learned Magistrate. Learned Magistrate is further directed to issue summons to the petitioner and consider his objections on the said applications filed by the prosecution and pass appropriate orders afresh on the said applications, in accordance with law, after hearing both sides and by taking into consideration the law laid down by the Hon’ble Apex Court in M/s.JM Laboratories and Others Vs. State of Andhra Pradesh and Another.
5. Accordingly, the Criminal Petition is disposed of.
As a sequel, interlocutory applications pending, if any, shall stand closed.
JUSTICE B.V.L.N.CHAKRAVARTHI Date: 07.02.2025 RMD/PSA
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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
Criminal Petition No:942 OF 2025
Date: 07.02.2025 RMD/PSA