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2025 DAILYLAW 54882 (AP)

Doki Venkateswarlu v. The State of Andhra Pradesh

CRLP/12154/2025 · 2025-11-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010624792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12154/2025 Between: 1. DOKI VENKATESWARLU, S/O NARASIMHA, AGED ABOUT 59 YEARS,R/O KOLLADINNE VILLAGE, BOGOLEMANDALSPSR NELLORE DISTRICT 2. ATIA SIVA RAJU, S/O RANGAIAH, AGED ABOUT 34 YEARS, R/O KOLLADINNE VILLAGE, BOGOLEMANDAL, SPSR NELLORE DISTRICT 3. PALLEBOINA ANIL, S/O SRINIVASULU,AGED 36 YEARS,R/O VAISHNO SPARK BLOCK-B,FLAT NO.403, PRIYANKA NAGAR, SEGEHALLI,KRISHNARAJAPURAM, BENGALURU. 4. PALLEBOINA MADHAVA, S/O SRINIVASULU, AGED 46 YEARS R/O NIMBEKAIPURA, VIRGONAGAR, BENGALURU. 5. PALLEBOINA AUDI SESHAMMA, W/O SRINIVASULU, AGED ABOUT 70 YEARS, R/O KOLLADINNE VILLAGE, BOGOLE MANDAL, SPSR NELLORE DISTRICT. 6. DOKI SAROJANAMMA, W/O VENKATESWARLU, AGED ABOUT 54 YEARS R/O KOLLADINNE VILLAGE, BOGOLE MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE SUB INSPECTOR OF POLICE, BITRAGUNTA POLICE STATION, KAVALI, SPSR NELLORE DISTRICT,REP. BY ITS PUBLIC 2 PROSECUTOR,HIGH COURT OF A.P., AMARAVATI. 2. VANTERU THIRUPATHAIAH, S/O VENKAIAH,AGE 50 YEARS, R/O. KOLLADINNE VILLAGE, BOGOLU MANDAL, SPS NELLORE 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 may be pleased to Quash the proceedings in CC.No.539 of 2025, on the file of Additional Judicial Magistrate of First Class Court, Kavali, SPSR Nellore District, against the Petitioners / Accused Nos. 2 to 7 are concerned, 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 dispense with filing of the certified copy of Charge Sheet in CC.No.539 of 2025, on the file of Additional Judicial Magistrate of First Class Court, Kavali, SPSR Nellore District for the present, 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 grant stay of all further proceedings including the appearance of the petitioners / A-2 to A-7 in CC.No.539 of 2025, on the file of Additional Judicial Magistrate of First Class Court, Kavali, SPSR Nellore District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. VR MACHAVARAM 2. VR MACHAVARAM 2. V R MACHAVARAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12154/2025 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 Petitioners/Accused Nos.2 to 7, seeking quashment of the proceedings in C.C.No.539 of 2025 on the file of the Additional Judicial Magistrate of First Class, Kavali for the offences under Sections 126(2), 115(2), 292, 351 CI (2) r/w 3(5) BNS. 2. Heard Sri V.R.Machavaram, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor are in attendance. 3. Learned counsel for the petitioners would submit that this petition may be disposed of dispensing the presence of the petitioners/Accused Nos.2 to 7 before the Trial Court without causing any prejudice to their contentions raised in the present petition. 4. Considering the submissions made, the Criminal petition is disposed of. However, the presence of the petitioners/Accused Nos. 2 to 7 before the Trial Court is dispensed with unless their presence is specifically directed by the Trial Court. 4 Consequently, miscellaneous petitions, pending if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.11.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12154/2025 Dated.24.11.2025 SNI 56