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2025 DAILYLAW 56458 (AP)

BURADA UPENDRA v. The State of Andhra Pradesh

CRLP/12525/2025 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010645562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12525/2025 Between: 1. BURADA UPENDRA, S/O RAMARAO, AGED ABOUT 26 YEARS,RESIDENTS OF SIRIPURAM VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 2. BURADA SAI, S/O APPALANAIDU, AGED ABOUT 24 YEARS,RESIDENTS OF SIRIPURAM VILLAGE SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 3. BURADA VYKUNTARAO, S/O LATE PAPAYYA, AGED ABOUT 51 YEARS,RESIDENTS OF SIRIPURAM VILLAGE SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 4. BURADA APPALANAIDU, S/O SRIRAMULU, AGED ABOUT 47 YEARS,RESIDENTS OF SIRIPURAM VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 5. BURADA RAMARAO, S/O APPARAO, AGED ABOUT 42 YEARS,RESIDENTS OF SIRIPURAM VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. ADAPAKA CHANDRASEKHAR RAO, S/O LATE KAMESWARARAO. AGED ABOUT 39 YEARS, SIRIPURAM (V), SANTHAKAVITI (M), VIZIANAGARAM 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 criminal proceedings as against Petitioners/Accused Nos.1 to 5 in C.C.No.503/2022 on the file of the Hon’ble Court of Judicial Magistrate of First Class, Rajam, arising out of Crime No.115/2022 of Santhakaviti Police Station, for the offences punishable under Section 324 read with 34 IPC, as they are lacking merits and substance, 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 of the Petitioners/Accused Nos.1 to 5 in C.C.No.503/2022 on the file of Hon’ble Court of Judicial Magistrate of First Class Rajam, for the offences punishable under Section 324 read with 34 IPC, pending disposal of the above Criminal Petition, and pass Counsel for the Petitioner/accused(S): 1. CHUKKA KRANTHI KIRAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12525/2025 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.1 to 5, seeking quashment of the proceedings pending against them in C.C.No.503 of 2022 on the file of the learned Judicial Magistrate of First Class, Rajam, arising out of crime No.115 of 2022 of Santhakaviti Police Station, for the offences punishable under Section 324 read with 34 of I.P.C. 2. Heard Sri Chukka Kranthi Kiran, learned counsel for the Petitioners/accused Nos.1 to 5 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the Petitioners/accused Nos.1 to 5 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 Petitioners/Accused Nos.1 to 5 before the Trial Court is dispensed with, unless their presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025 M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12525 of 2025 Dated.04.12.2025 M K K 226