APHC010568322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11064/2025 Between: 1. GOGIREDDY PRABHAKARA REDDY, S/O. BHASKARA REDDY, AGED 37 YEARS, FORMERLY SI OF POLICE, NAGARAMPALEM PS, GUNTUR CITY (NOW UNDER SUSPENSION), R/O. RAMAGIRI STREET, KAVALI, NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, through Sub-Inspector of Police, Eluru III Town Police Station, Eluru. ...RESPONDENT/COMPLAINANT 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 may be pleased to Quash the order passed in CrI.M.P.No.382/2025 in CC.No.750 of 2022 Dt.31st July, 2025 by the HON'BLE JUDICIAL MAGISTRATE OF I CLASS SPECIAL MOBILE COURT, ELURU 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 dispense with filing of the original certified copy of (Against the order in CrI.M.P.No.382/2025 in CC.No.750 of 2022 Dt. 31st 2 July, 2025 passed by the Hon'ble Judicial Magistrate of I Class, Special Mobile Court, Eluru), before this Hon’ble Court and pass 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 to stay of all the further proceedings in CrI.M.P.No.382/2025 in CC.No.750 of 2022 Dt. 31st July, 2025 by the HON'BLE JUDICIAL MAGISTRATE OF I CLASS, SPECIAL MOBILE COURT, ELURU and pass Counsel for the Petitioner/accused: 1. OMKAR D Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11064/2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused, seeking quashment of the order dated 31.07.2025 in Crl.M.P.No.382 of 2025 in C.C.No.750 of 2022, on the file of the learned Judicial Magistrate of I Class, Special Mobile Court, Eluru. 2. Heard Sri D.Omkar, 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 an accused facing charges for the offences punishable under Sections 420, 465, 468 and 471 of IPC in C.C.No.750 of 2022. Learned counsel would further submit that when the matter is at the fag end of trial, the prosecution has come up with a petition under Section 242 Cr.P.C seeking to receive documents for the purpose of marking those documents through PW.16, the Enquiry Officer. Learned counsel would further submit that the case against the petitioner emanated on the allegation that he created fake NCC certificate for age relaxation to apply for the post of Sub Inspector of Police. Learned counsel would further submit that these documents were not supplied to the accused at the initial stage under 207 Cr.P.C and hence, the rights of the accused are prejudiced by allowing this petition at the fag end of the matter. 4 4. Refuting the said submissions, the learned Assistant Public Prosecutor would submit that whatever original documents filed through the petition were already placed before the Court along with the charge sheet. The prosecution now wants to file the originals of the said documents as they were lying with the office of Superintendent of Police. Learned Assistant Public Prosecutor would finally pray for dismissal of the petition. 5. Considering the submissions made and a fair look at the impugned order and the material placed before this Court, the learned trial Judge rightly exercised the discretion to allow the petition, permitting the prosecution to receive the original documents for the purpose of marking through P.W.16, who is an Enquiry Officer, who conducted the departmental enquiry against the petitioner/accused. 6. In that view, no prejudice would be caused to the petitioner by introducing such documents, the photocopies of which were already filed along with the charge sheet. This is not a case where these documents are disputed. The petitioner himself is a party to such departmental proceedings. However, since P.W.16 need to be recalled for marking of such documents, the accused will have an opportunity to cross examine the witness on the documents introduced at this point of time. In that view, the petition lacks merits and is liable to be dismissed. 7. In the result, the Criminal Petition is dismissed. However, the petitioner is at liberty to raise all such contentions while the documents are actually 5 tendered into evidence. The learned trial Judge may appreciate such objections according to law at the appropriate time. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 28.10.2025 JLV 6 230 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11064 of 2025 Dated: 28.10.2025 JLV