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2025 DAILYLAW 58412 (AP)

Dr Raja Mohan Rao v. The State of Andhra Pradesh

CRLP/11242/2025 · 2025-10-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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I APHC010578462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i 1 THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11242 OF 2025 Between: Dr Raja Mohan Rao, S/o P V Krishna Rao, R/o D.No. 319, Inner Circle,WhiteField, Bangalore-560066 ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh 2. Ms Vignan Education Foundation, Represented by its Director and Authorised Representative Sri. Kosaraju Ramaiah S/o Surya Chandra Rao Aged about 71 years, O/o No. 5/3, Hosur Road, Lakkasandra, Bangalore - 560029. ...Respondents Petition under Section 482 of Cr.P.C (528 of BNSS) 72 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the dismissal order dated 07.05.2025 in CRLMP.No.348 of 2025 in CC.No.5827 of 2021 on the file of V Additional Civil Judge (Junior Division), Guntur by recalling the NBW issued against the Petitioner/Accused No.2. ^ - L f; NO: 1 OF 2025 o Petition under Section 482 of Cr.P.C/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 further proceedings including appearance of the Petitioner in C.C. No.5827/2021 on the file of V Additional Civil Judge (Junior Division), Guntur, pending the above Criminal Petition. Counsel for the Petitioner: Sri Arun Showri Counsel for the Respondents: Ms. K Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following order: *- 1 APHC010578462025 SEB Sir* IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA r.RIMINAL PETITION NO: 11242/2025 [3396] THE Between: RAO, S/0 P V KRISHNA RAOR/0 D.NO. 319, INNER CIRCLE,WHITEFIELD, BANGALORE-560066 1.DR RAJA MOHAN ...PETITIONER/ACCUSED AND 1 THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH 2 MS VIGNAN EDUCATION FOUNDATION, REPRESNETED BY ITS DIRECTOR AND AUTHORISED REPRESENTATIVE SRI. KOSARAJU RAMAIAH S/0 SURYA CHANDRA RAO AGED ABOUT 71 YEARS, 0/0 NO. 5/3, HOSUR ROAD,LAKKASANDRA, BANGALORE - 560029. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds ot Courtmay be pleased to set aside the dismissal CRLMP.No.348 of 2025 in CC.No.5827 of 2021 on Civil Judge (Junior Division), Guntur by recalling the praying that in Criminal Petition, the High order dated 07.05.2025 in the file of V Additional NBW issued against the Petitioner/Accused No.2 lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that ,n the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant stay of c C NO 596/2023 at charge sheet filed u/s 173 (2) Cr.P.C in Cr.No. 127/2023, 2 u/s 498 (A) r/w 34 I.P.C & Sec.3&4 of Dowry Prohibition Hon’ble Judicial First-Class Magistrate, Allagadda Counsel for the Petitioner/accused: 1 -Arun Shown Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: Act in the court of and pass i 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11242/2025 The Court made the following 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.2, seeking quashment of the order dated 07.05.2025 in Crl.M.P.No.348 of 2025 in C.C.No.5827 of 2021 passed by the learned V Additional Civil Judge (Junior Division), Guntur. 2. Sri G.Arun Showri, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 3. Learned counsel would submit that the petitioner is aged about 74 years : and he is residing in Banglore. As such, he could not appear before the Court for 251 Cr.P.C examination. The learned trial Judge issued a Non-Bailable- Warrant against him. A petition was filed to recall such warrant and that was dismissed stating that photocopy of medical certificate is not maintainable. Learned counsel would further submit that because of his health condition, he could not appear before the Court and his absence is not intentional or deliberate. Learned counsel would further submit that petition may be disposed of by giving necessary directions to the petitioner to appear before the Court. 4 4. Considering the submissions condition of the petitioner, he i 10.11.2025 and application, the learned Judge made, in the light of the age and health IS permitted to appear before the Court move an application to recall the on warrant. On filing such may take sufficient sureties to presence during the course of trial and dispose of ensure his the case according to law granting any adjournment in a casual expeditiously as possible, without way by mere asking. as 5. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The V Additional Civil Judge (Junior Division), Guntur, Guntur District 2. One CC to Sri. Arun Showri Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 4. Two CD Copies To, Pradesh at Sth sree ‘/-s Xf" HIGH COURT DATED:30/10/2025 ORDER CRLP NO. 11242 OF 2025 ^ 0 5 NOV 2025 jg S«cliQ|X*^ DISPOSING OF THE CRIMINAL PETITION