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2025 DAILYLAW 55026 (AP)

CHATLA NAGABHUSHANAM v. THE STATE

CRLRC/524/2025 · 2025-04-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 524 OF 2025 Revision filed under Section 397 & 401 of Cr.P.C., 438 r/w 442 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Revision Petition by setting aside the order dt. 11.03.2025 in CRL.M.P. No.1155/2024 in C.C. No. 421/2018 on the file of the Hon’ble Additional Judicial Magistrate of 1st Class-cum-Additional Civil Judge (Junior Division), Mangalagiri, by discharging the petitioner/accused from C.C. No.421/2018 Hon’ble Additional Judicial Magistrate of 1st Class- cum- Additional Civil Judge (Junior Division), Mangalagiri for the offences U/S.420, 506 of IPC. Between: Chatia Nagabhushanam, S/o.Gnaneswar, Hindu, aged 37 years r/o.H.No.6-5, Plot No.14WP, Sri Maruthi Nagar, Badangpet Rangareddy District Hyderabad, Telangana State-500058 ...Revision Petitioner [Petitioner/Accused in CrI.M.P No.1155] AND The State, SHO: Mangalagiri Rural P.S., Rep.by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent [Respondent/Complainant in CrI.M.P No.115/2024 in C.C No.421/2018] lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in C.C.421/2018 on the file of the Additional Judicial Magistrate of 1®* Class-cum-Additional Civil Judge (Junior Division), Mangalagiri, including the appearance of the petitioner (accused), pending disposal of the revision. Counsel for the Petitioner: Sri Habibulla Shaik Counsel for the Respondent: Public Prosecutor The Court made the following: APHC010215282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 524/2025 Between; 1.CHATLA NAGABHUSHANAM, S/O.GNANESWAR, HINDU, AGED 37 R/O.H.NO.6-5, PLOT N0.14WP SRI MARUTHI NAGAR, YEARS BADANGPET, RANGAREDDY DISTRICT HYDERABAD, TELANGANA STATE-500058 ...PETITIONER AND 1.THE STATE, SHO Mangalagiri Rural P.S., Rep.by Public Prosecutor, High Court of Andhra Pradesh Amaravathi ...RESPONDENT Counsel for the Petitioner; 1.HABIBULLASHAIK Counsel for the Respondent; 1.PUBLIC PROSECUTOR The Court made the following; THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 524 OF 2025 ORDER: This Criminal Revision Case is filed by the revision petitioner aggrieved by the orders dated 11.03.2025 passed in Crl.M.P.No.1155 of 2024 in C.C.No.421 of the file of the learned Additional Judicial Magistrate of 1®* Class-cum- Additional Civil Judge (Junior Division), Mangalagiri. Heard Sri Habibula Shaik Ms.K.Priyanka Lakshmi, Learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that despite lodging a 2018, on learned counsel for the petitioner and 2. private complaint for the offence under Section 138 of the Negotiable Instruments before the learned Additional Act, 1881, the complainant preferred the case Judicial Magistrate of 1st Class-cum-Additional Civil Judge (Junior Division), referred to Mangalagiri Rural Police Station and a Mangalagiri, and the same was registered for the offence punishable under Sections 420 and 506 of case was IPC. Learned counsel for the petitioner would further submit that absolutely there is no merit to proceed against the accused for the said offences. 4. Learned Assistant Public Prosecutor vehemently opposed the revision would submit that the impugned order does not warrant any interference by case and this Court. Learned Assistant Public Prosecutor would further submit that the learned trial Judge has rightly dismissed the case. 2 5. At this juncture, learned counsel for the petitioner would submit that causing any prejudice to the rights and contentions of the petitioner, the may be disposed of, dispensing with the presence of the petitioner. Considering the submissions made and on perusal of the material available on record, this Court is of the view that this revision case may be disposed of. 7. In the result, this Criminal Revision Case is disposed of without causing any prejudice to the rights and contentions of the petitioner herein, and the petitioner at liberty to raise all such contentions during the course of the trial before the trial Court. However, the presence of the petitioner before the trial Court Is dispensed with unless his presence is specifically directed by the trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand without revision case 6. IS closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1- The Additional Judicial Magistrate Of Class-cum-Additional Civil Judge (Junior Division), Mangalagiri, Guntur District. 2. The Station House Officer Mangaiagiri Rural Police Station, Guntur District. 3. One CC to Sri Habibulla Shaik, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 5. Three CD Copies at SAM sree -V” HIGH COURT DATED:01/05/2025 ORDER CRLRC.No.524 of 2025 g C 8 MAY 2C25 Om DISPOSING OF THE CRLRC