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2025 DAILYLAW 57773 (AP)

SABHARISH S K v. The State of Andhra Pradesh

CRLP/10944/2025 · 2025-10-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010546472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10944/2025 Between: 1. SABHARISH S K, S/O SURESH KUMAR, AGE 41 YEARS, R/O B2 402, DOSHI FIRST NEST, THRIUMUDAIVAKKAM, NEAR THIRUNEERMALA TEMPLE, CHENNAI, THIRUMUDIVAKKAM, KANCHEEPURAM, TAMILNADU-600044. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2. ARE SILPA, W/O SABARISH SURESH KUMAR,AGED 36 YEARS OCC PROJECT MANAGER AT ITC LTD., R/O D.NO.12-15-426,3RD LINE, PATTABIPURAM, GUNTUR 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 Courtmay be pleased to quash the entire criminal proceedings against the Petitioner/Accused No.1 in CC.No.1500 of 2020 on the file of Hon’ble Special Judicial 1st Class Magistrate for Prohibition & Excise Cases, Guntur for the offences punishable under Section 498Aof Indian Penal Code and Section 4 of Dowry Prohibition Act, as they are lacking merits and substance IA NO: 1 OF 2025 2 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 dispense with filing of certified copy of the charge sheet in C.C.No.1500/2000 on the file of Hon'ble Special Judicial 1st Class Magistrate for Prohibition & Excise Cases, Guntur for the time being in the interest of justice. IA 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 pleased to stay all further proceedings including appearance of the Petitioner/Accused No.1 in CC.No. 1500 of 2020 on the file of Hon’ble Special Judicial 1st Class Magistrate for Prohibition & Excise Cases Guntur for the offences punishable under Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act and pass Counsel for the Petitioner/accused: 1. SHAIK AMEENA REHMANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10944/2025 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 Petitioner/Accused No.1, seeking quashment of the proceedings pending against him in C.C.No.1500 of 2020 on the file of the Special Judicial I Class Magistrate for Prohibition and Excise Cases, Guntur. 2. Heard Ms.Shaik Ameena Rehmani, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that petitioner is A1, who is working as a Pilot in Kolkata, whereas the Court is situated in Guntur. It is very difficult for him to come from Kolkata to Guntur for every adjournment. Learned counsel further would submit that the petition may be disposed of dispensing the presence of the Petitioner before the trial Court. 4. Considering the submissions made, the Criminal Petition is disposed of. The presence of the Petitioner/Accused No.1 before the trial Court is dispensed with, unless his presence is specifically directed by the trial Court. The petitioner is at liberty to raise all such contentions before trial Court in his defence. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 24-10-2025 JLV 5 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10944 of 2025 Dt.24.10.2025 JLV