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2025 DAILYLAW 53554 (AP)

ADUGULA SIVA KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/11530/2025 · 2025-11-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010367712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11530/2025 Between: 1. ADUGULA SIVA KUMAR, S/O CHALAPATI RAO R/O 1-58 GARNEPUDI VILLAGE, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. NELAPADU, AMARAVATI. 2. 2. NAMATHOTI PRASANNA, W/O.NAMATHOTI CHARLES MALLAPALLI VILLAGE GUNTUR RURAL GUNTUR 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 criminal proceedings of CC No 1968/2024 in Cr.No 474/2024 against the Petitioner/Accused No.1 on the file of the Special Mobile Court Guntur 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 High Court may be pleased to condone the delay of 99 days in representing the CRLP pending disposal of the above CRLP and pass IA NO: 2 OF 2025 2 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 leased to dispense with the filing of certified copy of FIR No. 474 of 2024, dated 25.06.2024 on the file of the Nelapadu Police Station, Guntur District before this Hon’ble Court 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 leased to Stay of all further proceedings including Appearance of the Petitioners/Accused No 1 in CC No 1968/2024 in Cr.No 474/2024 before the Special Mobile Court Guntur for the offence punishable U/Sec. 338 IPC until disposal of the Criminal petition and pass Counsel for the Petitioner/accused: 1. MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11530/2025 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 No.1, seeking quashment of the proceedings pending against them in C.C.No 1968 of 2024 on the file of the Special Mobile Court, Guntur for the offences punishable under Section 337 of IPC. 2. Heard Sri Medikonda Pranay Venkat Chowdary, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner by dispensing the presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused No.1, 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 such contentions before the Trial Court and the learned Trial Judge may appreciate the same and take appropriate decision according to law at appropriate time. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11530/2025 Dated.07.11.2025 UPS 41