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2025 DAILYLAW 57897 (AP)

Kuraku Venkata Subbaiah,@ Subbaiah v. The State of Andhra Pradesh,

CRLP/10857/2025 · 2025-10-23

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010554692025 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: 10857/2025 Between: 1. KURAKU VENKATA SUBBAIAH,@ SUBBAIAH, S/O VENKATESH, AGED ABOUT 45 YEARS,WORKING AS HEAD CONSTABLE AT APSP 11TH BATTALION, NOW UNDER SUSPENSION, R/D.NO.237/2,SRI KRISHNADEVARAYA NAGAR,BADVEL TOWN AND MANDAL. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. M MANJUNATHA REDDY, , SUB-INSPECTOR OF POLICE, CK DINNE POLICE STATION, YSR KADAPA 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 expedite the disposal of P.R.C.No. 1055 of 2023 on the file of the Court of the Hon’ble Special Judicial Magistrate of First Class for trial of cases relating to Red Sanders Smuggling, Tirupati, Tirupathi District and/or pass Counsel for the Petitioner/accused: 1. SAI HARSHITH PULAPARTHI 2 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: 10857/2025 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.8, seeking quashment of the proceedings pending against him in P.R.C.No.1055 of 2023 on the file of the Special Judicial Magistrate of First Class for trial of cases relating to Red Sanders Smuggling, Tirupati. 2. Heard Sri P.Sai Harshith, 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 the petitioner herein is A8, who is a Head Constable. Because of the present case, he was dismissed from service. Learned counsel further would submit that the PRC is of the year 2023, which has been pending for the last 2½ years before the Court without any progress and requested that a direction may be given to the Court to proceed with the matter and expedite the trial. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4 5. Considering the submissions made and in the interest of justice as rightly put by the learned counsel for the petitioner that the PRC has been pending before the Court for the last 2½ years, it is apposite to dispose of the criminal petition directing the learned Presiding Officer of the Special Judicial Magistrate of First Class for trial of cases relating to Red Sanders Smuggling, Tirupati, to proceed with the matter, take the sureties for the appearance of the accused before the trial Court and conclude the proceedings as expeditiously as possible, preferably within a period of two (02) months, without giving any adjournment in a casual way. 6. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 24-10-2025 JLV 5 34 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10857 of 2025 Dt.24.10.2025 JLV