IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1204 OF 2025 Between: Mallipudi Prasad, S/o. Prabhakara Rao, Aged 45 years, R/o. 15th Ward, Veerabhadrapuram Village, Tanuku Mandal, West Godavari District ...PETITIONER/PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi 2. Addala Ramesh, S/o. Ramakrishna, Aged 50 years, R/o. D.No. 16-49-8, Bala Sadan Street, Old Town, Tanuku, Tanuku Mandal, West Godavari District ...RESPONDENTS/RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) 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 in and relating to Order, dt.26.11.2024 in CrI.M.P.No.961/2024 in CrI.A.No.239/2024 on the file of the Court of IV Additional Sessions Judge, Tanuku and quash the same. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SODUM ANVESHA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri_Advocate for the Respondent No.2 The Court made the following; APHC010050822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI r.RiMlNAL PETITION NO: 1204/2025 [3368] THE Between: PRASAD, S/0. PRABHAKARA RAO, WARD, TANUKU 1.MALL1PUD1 aged 45 VEERABHADRAPURAM VILLAGE, MANDAL, WEST GODAVARI DISTRICT. R/0. 15TH YEARS ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, REP. BY THE HIGH COURT OF 1.THE PUBLIC PROSECUTOR ANDHRA PRADESH AT AMARAVATHI. 2 ADDALA RAMESH, S/0. RAMAKRISHNA, AGED 50 BALA SADAN TANUKU R/0. D.NO. 16-49-8 OLD TOWN, TANUKU, YEARS, STREET, MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S); Counsel for the Petitioner/accused; 1.SODUM ANVESHA Counsel for the Respondent/complainant(S); 1.PUBLIC PROSECUTOR The Court made the following; 2 JUSTICE B V L N CHAKRAVARTHl the honourable SRI CRIMINAL PFTITIQN ORDER: by the petitioner/Accused, 1973 This Criminal Petition is filed 482 of Criminal to Section 528 of Procedure Code Bharatiya Nagarik Suraksha dated 20.05.2024 passed in Criminal Appeal No.93 of 2024 on the under Section corresponding Sanhita, 2023, to quash the order Crl.M.P.No.303 of 2024 in file of learned IV Additional Sessions Judge, Tanuku. Smt.Sodum Anvesha, learned counsel for the Heard 2. petitioner. 3. Learned Additional Public notice for respondent No.1. the Prosecutor representing State takes would submit that the 20% of the cheque amount by 4, Learned counsel for the petitioner petitioner was ordered to deposit 26.11.2024. The period of sixty 148(2) of N.l. Act would could not deposit the therefore, filed an application further time, as law exceeding thirty (30) days sufficient the learned Appellate Court on stipulated under Section (60) days as The petitioner by 25.01,2025. to health reasons, and expire amount due 148(2) of N.l. Act seeking of further period, not under Section permits granting learned Appellate Court, on the learned Appellate be directed by the shown by the appellant. But as may cause being 3 Court returned the application, questioning the maintainability of the application. She would further submit that the petitioner ready to resubmit the application before the learned IS Sessions Judge, as the petitioner is having sufficient cause for extension of time as mandated under Section 148(2) of N.l. Act. 5. Considering the above facts and circumstances, the Criminal Petition is disposed of at the stage of admission going into the merits of the case, permitting the petitioner to without represent the petition before the learned Sessions Judge within a period of two (02) weeks, from the date of receipt of copy of the order, and on such representation, the learned Sessions Judge is directed to dispose of the petition as per law, as expeditiously possible, preferably within a period of two (02) weeks. as Till then. the suspension of sentence before the learned Sessions shall remain in force. Judge 6. Accordingly, the Criminal Petition is disposed of at the stage of admission. As a sequel, interlocutory applications pending, if any stand closed. shall SD/- M. SRINIVAS assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Sessions Judge, The Principal District and Sessions District. Tanuku, West Godavari District. Judge. Eluru, West Godavari 2. 3. The Special Magistrate, Tanuku, West Godavari District. 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. One CC to SRI. SODUM ANVESHA Advocate [OPUC] 6. Three C.D.Copies nm HIGH COURT DATED:05/02/2025 dc ToJ,ay ORDER CRLP.No.1204 of 2025 STandhS^^ o 0 5 FEB 2025 (P 03 Current Section DISPOSING OF THE CRIMINAL PETITION