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2025 DAILYLAW 55774 (AP)

Surya Prakash Cherukupalli v. The State of Andhra Pradesh

CRLP/6803/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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\ i APHC010324912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6803 OF 2025 Between: Surya Prakash Cherukupalli, S/o. Pullaiah, aged 66 years, R/o. Flat No. 201, Maheswari Apartments, Ramamurthy Nagar, Nellore, SPSR Nellore District, Andhra Pradesh. ...Petitioner/Accused AND The State of Andhra Pradesh, Represented by its Special Public Prosecutor, High Court of Andhra Pradesh, Anti-Corruption Bureau, ACB, Nellore Range, SPSR Nellore District, Andhra Pradesh. ...Respondent Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and in connection with C.C. No.7 of 2019 in Crime No.1/RCA-CIU/2015 on the file of the Special Judge for SPE ACB Cases, Nellore, Nellore District, Andhra Pradesh in the light of the G.O.Ms. No.362, dated 31.07.2023 issued by the Government for withdrawal of the prosecution and to quash the same. lA 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, r k >• '■■. / -the High Court may be pleased to stay of all further proceedings in C.C.No.7 of 2019 in Crime No. 1/RCA-CIU/2015 on the file of the Special Judge for SPE ACB Cases, Nellore, Nellore District, Andhra Pradesh. Counsel for the Petitioner: Sri V.Sai Kumar, Advocate Counsel for the Respondent: Sri S.Syam Sunder Rao, Standing Counsel- cum-SpI P.P. For ACB The Court made the follo\A/ing order: APHC010324912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI si'.'sft; THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO; 6803 OF 2025 Between: 1. Surya Prakash Cherukupalli, S/o. Pullaiah, aged 66 years, R/o. Flat No. 201, Maheswari Apartments, Ramamurthy Nagar, Nellore, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Special Public Prosecutor, High Court of Andhra Pradesh, Anti-Corruption Bureau, ACB, Nellore Range, SPSR Nellore District, Andhra Pradesh. ...Respondent 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 Courtmay be pleased to to call for the records relating to and in connection with CC No.7 of 2019 in Crime No.l/RCA- CIU/2015 on the file of the Special Judge for SPE ACB Cases, Nellore, Nellore District, Andhra Pradesh in the light of the G.O.Ms. No.362, dated 31.07.2023 issued by the Government for withdrawal of the prosecution and to quash the same and pass such lA 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 may be pleased to dispense with filing of the original certified copy of CC No.7 of 2019 in Crime No.l/RCA-CIU/2015, dated the file of Special Judge for SPE ACB Cases, Nellore, Nellore District, Andhra Pradesh before this Hon’ble Court and pass such lA 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 may be pleased to to stay of all further proceedings in CC No.7 of 2019 in Crime No.l/RCA-CIU/2015 on the file of the Special Judge for SPE ACB Cases, Nellore, Nellore District Pradesh and pass such Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondent S.SYAM SUNDER RAO SC ACB The Court made the following order: on Andhra cum Spl P.P. For THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: OF 2025 This Criminal Petition, under Section 528 of the BNSS, has been filed by the petitioners/accused seeking to call for the records relating to and in connection with C.C. No.7 of 2019 in Crime No.1/RCA-ClU/2015 on the file of the Special Judge for SPE & ACB Cases, Nellore, Nellore District, Andhra Pradesh, in the light of G.O,Ms.No.362 dated 31.07.2023 issued by the Government for withdrawal of prosecution, and to quash the same. 02. Heard Sri V. Sai Kumar, learned counsel for the petitioners, and the learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that pursuant to the G.O. issued by the Government for withdrawal of prosecution, the Anti- Corruption Bureau (ACB) has already filed a petition before the trial Court in the year 2023, but the same is still pending consideration. It is therefore prayed that appropriate directions be issued to the trial Court for disposal of the said petition. 03. 04 Learned Special Public Prosecutor for ACB appearing for the respondents is in attendance Considering the submissions made, this Criminal Petition is disposed of with a direction to the learned trial Judge to dispose of the pending petition filed by the Anti- Corruption Bureau (ACB) in accordance with law, as expeditiously as possible. There shall be no order as to costs. 05. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR li //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for SPE ACB Cases, Nellore, Nellore District, Andhra Pradesh. One CC to Sri V.Sai Kumar, Advocate [OPUC] One CC to Sri S.Syam Sunder Rao, Advocate, SC-cum-Special P.P. for ACB Advocate [OPUC] Three CD Copies 2. 3. 4. GPC vna HIGH COURT DATED: 18/09/2025 ORDER CRLP NO. 6803 OF 2025 DISPOSING OF THIS CRIMINAL PETITION