APHC010497492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10438 OF 2025 Between: S.K. Qadeer Ahammad, S/o. Late Abdul Raheem, aged about 47 years, R/o. Door No. 6-11-145 E, Chenna Reddy Colony, Tirupati, Tirupati District. ...Petitioner/Appellant/Accused/Sole Accused AND 1. S K Mumtaj, D/o S.K Bavapeer, aged about 43 years, R/o. Chinnagottigallu Mandal, Chittoor District. ...Respondent/Respondent/Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent No.2 Petition under Section 528 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the criminal petition by setting aside the Judgment dated 18.09.2024 passed in CrI.M.P. No.206/2023 in CRLA No. 117 of 2017 on the file of the Court of the III Additional Sessions Judge, Tirupati. lA NO: 1 OF 2025 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 stay all further proceedings in CrI.A.No. 117 of 2017 on the file of the III Additional Sessions Judge, Tirupati. Counsel for the Petitioner: Sri K Chethan representing Sri S Varadarajulu Chetty Counsel for the Respondent No.2: Ms K Priyanka Lakshmi Assistant Public Prosecutor Counsel for the Respondent No.1: None Appeared The Court made the following order: 1 APHC010497492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10438/2025 Between: I.S.K. QADEER AHAMMAD, S/O. LATE ABDUL RAHEEM, AGED ABOUT 47 YEARS, R/0. DOOR NO. 6-11-145 E, CHENNA REDDY COLONY, TIRUPATI, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND 1.S K MUMTAJ, D/0 S.K BAVAPEER, AGED ABOUT 43 YEARS, R/0. CHINNAGOTTIGALLU MANUAL, CHITTOOR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT PROSECUTOR AMARAVATHI ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. S VARADARAJULU CHETTY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2. 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10438 of 2025 ORDER: The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023has been filed by the Petitioner/Accused, seeking to quash the order dated 18.09.2024 passed by the learned Hi Additional Sessions Judge, Tirupati, in Crl.M.P.No.206 of 2023 in Criminal Appeal No. 117 of 2017. 2. Heard Sri K.Chethan, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing behalf of the State. on 3. Learned counsel for the petitioner would submit that, feeling aggrieved by the dismissal of CrI.M.P. No.206 of 2023 in Criminal Appeal No.117 of 2017, dated 18.09.2024, the petitioner filed present petition seeking to quash the said dismissal order. Learned counsel would further submit that the petitioner herein is the husband, who faced trial in C.C. No.36 of 2010 and convicted for the offences under Section 498A of the I PC and Sections 3 and 4 of the Dowry Prohibition Act. Aggrieved thereby, the petitioner preferred Criminal Appeal No.117 of 2017, before the learned III Additional Sessions Judge, Tirupati. During the pendency of the said appeal, the petitioner filed CrI.M.P. No.206 of 2023 under Section 391 Cr.P.C., requesting the Court to permit him to place on record certified copies of judgments in O.S. No.285 of 2009 and O.S. No.481 of 2018 as additional evidence. 3 Learned counsel for the petitioner would further submit that the learned Judge dismissed the said petition on the ground that the documents were filed at a belated stage and that the fact of filing a suit for declaration that the marriage between the petitioner and his wife is null and void was not referred to in the petitioner’s evidence in C.C. No.36 of 2010. Learned counsel would further submit that an opportunity may be granted to the petitioner to place on record the judgments which were decreed in his favour after the disposal of C.C. No.36 of 2010. Learned counsel would further submit that the delay in approaching the Court for filing the petition under Section 391 Cr.P.C. occurred since it is a matrimonial dispute and several persons had intervened in an attempt to reconcile the issues between the parties. It is due to this attempted reconciliation that the delay occurred. Except for the delay, there N are no other objections and the learned counsel prays to allow the petition. 4. On the other hand, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders since the petitioner intends to file certified copies of judgments which were passed subsequent to the disposal 5. of the C.C.No.36 of 2010. Considering the submissions made and on perusal of the material on record, as rightly pointed out by the learned appellate Judge, the petitioner did not choose to mention the filing of the civil suit during the proceedings in C.C. No.36 of 2010, nor did he file these documents along with the appeal. However, the fact remains that the documents in question are certified copies 6. 4 of judgments and there is no scope for the petitioner to have created such documents at a later stage merely for the purpose of the case. 7. In that view, the Criminal Petition is allowed and the order dated 18.09.2024 passed by the learned III Additional Sessions Judge, Tirupati, in Crl.M.P.No.206 of 2023 in Criminal Appeal No.117 of 2017 is hereby set aside. The petitioner is permitted to file the certified copies of the judgments before the Appellate Court as additional evidence for the petitioner, subject to payment of costs of Rs.20,000/- (Rupees twenty thousand only) to the defacto-complainant. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The III Additional Sessions Judge, Tirupati, Chittoor District. 2. One CC to Sri S Varadarajulu Chetty Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies SAM vna HIGH COURT DATED:09/10/2025 ORDER CRLP No. 10438 of 2025 3 0 9 OCT 2025 v&' o> ) scrS^urrenlSec^/V ALLOWING THE CRLP