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2025 DAILYLAW 53983 (AP)

Bonela Dinesh Kumar v. The State of Andhra Pradesh

CRLP/10302/2025 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010527932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10302/2025 Between: 1. BONELA DINESH KUMAR, S/O. BALAKRISHNA,AGED ABOUT 24 YEARS,R/O. D.NO.3-1-88,AMBUSOLI VILLAGE, KASIBUGGA, SRIKAKULAM DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR FOR THE STATE OF ANDHRA PRADESH,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. BONELA BHARATHI, W/O. GOPI, AGED ABOUT 32 YEARS,R/O. 15TH WARD, SRINIVASANAGAR, PALASA, KASUBUGGA, SRIKAKULAM 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 in CC.no. 319/2025 on the file of Judicial magistrate of First Class, Palasa 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 stay all further proceedings including appearance in C.C. No.319/2025 on the file of Judicial Magistrate of First Class, Palasa, pending disposal of the petition and pass 2 Counsel for the Petitioner/accused: 1. C SUBODH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10302/2025 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 proceedings pending against him in C.C.No.319 of 2025 on the file of the learned Judicial Magistrate of First Class Court, Palasa, for the offence punishable under Section 77 of BNS. 2. Heard Sri C.Subodh, learned counsel for the Petitioner and Ms.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 without causing any prejudice to the rights and contentions of the petitioner. However, the presence of the petitioner/Accused before the Trial Court is dispensed with, unless his presence is specifically directed by the Trial Court. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10302/2025 Dated.06.10.2025 UPS 27