APHC010271162022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL Between: 1. NANDYALA RAMAKRISHNA, S/O APPA RAO, AGED ABOUT 52 YEARS, OCC-BUSINESS, R/O D.NO.13 MADIVADA, AKIVIDU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. NANDYALA VENKATESWAR RAO, S/O VENKATA NAGAIAH, AGED ABOUT 60 YEARS, OCC CENTER, KUPPANAPUDI VILLAGE, AKIVIDU M GODAVARI DISTRICT. 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 Courtpleased to quash t C.C.No.93/2021 pending on the file of the Principal Junior Civil Judge Judicial Magistrate of First Class, Bhimavaram, West Godavari District, including docket Order dt.17 deposit a sum of Rs.3Lakhs as interim compensation, and pass IA NO: 1 OF 2022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4120/2022 NANDYALA RAMAKRISHNA, S/O APPA RAO, AGED ABOUT 52 BUSINESS, R/O D.NO.13-59, ARETI VARI STREE, MADIVADA, AKIVIDU VILLAGE AND MANDAL, WEST GODAVARI ...PETITIONER/ACCUSED AND ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI, GUNTUR DISTRICT, NANDYALA VENKATESWAR RAO, S/O VENKATA NAGAIAH, AGED ABOUT 60 YEARS, OCC- BUSINESS, R/O H.NO.3-172, KALLA ROAD CENTER, KUPPANAPUDI VILLAGE, AKIVIDU MANDAL, WEST GODAVARI 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 Courtpleased to quash the proceedings in C.C.No.93/2021 pending on the file of the Principal Junior Civil Judge Judicial Magistrate of First Class, Bhimavaram, West Godavari District, including docket Order dt.17-2-2022, directing the petitioner/accused to s.3Lakhs as interim compensation, and pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA NANDYALA RAMAKRISHNA, S/O APPA RAO, AGED ABOUT 52 59, ARETI VARI STREE, MADIVADA, AKIVIDU VILLAGE AND MANDAL, WEST GODAVARI ...PETITIONER/ACCUSED ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI, GUNTUR DISTRICT, NANDYALA VENKATESWAR RAO, S/O VENKATA NAGAIAH, AGED 172, KALLA ROAD ANDAL, WEST ...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 he proceedings in C.C.No.93/2021 pending on the file of the Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Bhimavaram, West Godavari District, 2022, directing the petitioner/accused to 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 pleased to grant stay of all further proceedings in C.C.No.93/2021 pending on the file of the Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Bhimavaram, West Godavari District including the appearance of the petitioner by suspending the docket order dt.17-2-2022 in the said CC, pending disposal of the quash petition, and pass Counsel for the Petitioner/accused: 1. B CHANDRA SHEKHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. K L N SWAMY The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4120/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner, seeking quashment of the proceedings initiated against him in C.C.No.93 of 2021, pending on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram, West Godavari District including docket order datd 17.02.2022. 2. Heard Sri B.Chandra Shekhar, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor and Sri K.L.N Swamy, learned counsel for the respondent No.2. 3. Learned counsel for the petitioner would submit that imposition of condition to deposit interim compensation to a tune of Rs.3,00,000/- by the petitioner/accused is nothing but amounts to pre-trail conviction, moreover, there is no such plea by the complainant in the said complaint with regard to deposit of interim compensation. Learned counsel for the petitioner relied upon the order passed by this Court in similar circumstances in I.A.No.02 of 2019 in Crl.P.No.3891 of 2019, wherein a Coordinated Bench of this Court set aside the condition with regard to the interim deposit. 4. Learned counsel for the respondent No.2 would submit that for the last three and half years, there is no progress in the case before the trial Court, in the light of interim order passed by this Court, vide order dated 01.07.2022 in I.A.No.01 of 2022. Learned counsel for the respondent No.2 would further submit that petition may be disposed of by directing the trial Court to dispose of the main case within a fixed time frame. 5. In the light of the above said submissions, this court is of the view that imposition of deposit of interim compensation is not supported by any provision of law and is nothing but a pre-trial conviction, the impugned order is liable to be set aside. 6. Accordingly, the criminal petition is partly allowed by setting aside the impugned docket order dated 17.02.2020. However, the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram, West Godavari is directed to dispose of the C.C.No.93 of 2021 as expeditiously as possible without granting any adjournment in a causal way of mere asking and inform the progress of the case to the Registrar (Judicial) by 01.03.2026. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.12.2025 KKV