■> IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTH^^^^^ CRIMINAL PETITION No Ufil of 2025 z ^ 4.\: Between: 1. Gorrela Rama Krishna. S/o. Venkata Koteswara R/o. D.No. 1-25. BC Colony. Parimella Village. Pentapadu Godavari District. A.P. Rao. Aged 32 years. Mandal. West 2. Gorrela Venkata Koteswara Rao, S/o. Apparao, Aged 56 years, R/o. D.No.1-25, BC Colony, Parimella Village, Pentapadu Godavari District, A.P. 3. Gorrela Parvathi, W/o. Venkata Koteswara D.No.1-25, BC Colony, Parimella Village. Godavari District, A.P. 4. Karanam Varalakshmi, W/o. Subrahmanyam, Aged 39 years, R/o. D.No. 1-190, Arjit Sighnagar, Vijayawada, A.P. 5. Karanam Subrahmanyam, S/o.Venkateswarao D.No. 1-190, Arjit Sighnagar, Vijayawada Mandal, West Rao, Aged 53 years, R/o. Pentapadu Mandal, West Aged 46 years, R/o. A.P. ...Petitioners/Respondents 1 to 5 AND 1. The State of Andhra Pradesh, Rep.by Public Prosecutor Andhra Pradesh, At Amaravati. 2. Smt. Gorrela Subashini, W/o. Gorrela Rama R/o. D.No. 9-112/3, Near SBI Bank Road West Godavari. High Court of Krishna, Aged 36 years, Sriramnagar, 5*^ Road, Eluru, 3. Gorrela Joel Tej, (being Minor rep. by his mother/2"'^ respondent) S/o. Gorrela Rama Krishna, Aged 7 years, R/o. D.No. 9-112/3, Near SBI Bank Road, Sriramnagar, 5^^ Road, Eluru, West Godavari. i ...Respondents/Complainants Petition under Section 529 R/w 70(2) 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 issue a direction to the Court of the Hon’ble Judicial 1"^ Class Magistrate for Special Mobile Court, Eluru, West Godavari to dispose the Crl.MP.No.340 of 2023 in DVC.No. 25 of 2020 in a proper and expeditious manner and consequently to set- aside the NBW issued against the petitioners herein vide docket proceedings dated 06.12.2024 Crl.MP.No.340 of 2023 in DVC.No.25 of 2020. LA. NO: 1 OF 2025 Petition under Section 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 the entire execution proceedings in connection with DVC No.25 of 2020 pending disposal of the Criminal Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mutyala Sobhanadri Naidu, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent Nos.2 & 3. The Court made the following: APHC010053872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No: 1161/2025 Between: 1.GORRELA RAMA KRISHNA, S/0. VENKATA KOTESWARA RAO, AGED 32 R/0. D.NO.1-25, BC COLONY, PARIMELLA VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRCT, A.P. 2.GORRELA VENKATA KOTESWARA RAO, S/0. APPARAO, AGED 56, R/0. D.NO.1-25, BC COLONY, PARIMELLA VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRCT, A.P. 3.GORRELA PARVATHI,’'W70. VENKATA KOTESWARA RAO, AGED 53, R/0. D.NO.1-25, BC COLONY, PARIMELLA VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRCT, A.P. 4.KARANAM VARALAKSHMI, W/0. SUBRAHMANYAM, AGED 39, R/0. D.NO. 1-190, ARJIT SIGHNAGAR, VIJAYAWADA, A.P. S/0. SUBRAHMANYAM, 5.KARANAM VENKATESWARAO, AGED 46, R/0. D.NO. 1-190 ARJIT SIGHNAGAR, VIJAYAWADA, A.P. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI. 2 2.SMT GORRELA SUBASHINI, W/0 GORRELA RAMA KRISHNA, AGED 36, R/0 D.NO. 9-112/3, NEAR SBI BANK ROAD, SRIRAMNAGAR, ROAD, ELURU, WEST GODAVARI. V' 3.GORRELA JOEL TEJ, (BEING MINOR REP. BY HIS MOTHER/2ND RESPONDENT) S/0. GORRELA RAMA KRISHNA, AGED 7, R/0 D.NO. R/0 D.NO. 9-112/3, NEAR SBI BANK ROAD, SRIRAMNAGAR, 5TH ROAD, ELURU, WEST GODAVARI. ...RESPONDENT/COMPLAINANT(S); Counsel for the Petitioner/accused(S): 1.MUTYALA SOBHANADRI NAIDU Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1161 OF 2025 ORDER: This Criminal Petition is filed by the petitioners/respondent Nos.1 to 5 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction to the learned Judicial First Class Magistrate for Special Mobile Court, Eluru, West Godavari District, to dispose Crl.M.P.No.340 of 2023 in D.V.C.No.25 of 2020 in expeditious manner and to set aside the Non-bailable Warrants issued against the petitioners/respondent Nos.1 to 5 vide docket proceedings dated 06.12.2024 in Crl.M.P.No.340 of 2023 in D.V.C.No.25 of 2020. Heard Sri M.Sobahanadri Naidu, learned counsel for the 2. petitioners and learned Additional Public Prosecutor representing the State. It appears that the learned Magistrate issued Non-Bailable Warrants against the petitioners, who are respondent Nos.1 to 5 in D.V.C.No.25 of 2020 on the file of learned Judicial First Class 3. Magistrate for Special Mobile Court, Eluru. During execution of the order dated 19.11.2021, learned counsel for the petitioners would submit that the petitioners filed Crl.M.P.No.1282 of 2024 before the learned Magistrate to cancel the warrants issued against the petitioners/respondent Nos.1 to 5, as issuance of the warrants is illegal and not maintainable in law. But, the learned 4 Magistrate did not dispose of the application being adjourned from time to time, petitioners to execute the warrants. and the same is as a result, police are after the 4. In the light of the above circumstances, this Court considered opinion that the Criminal Petition is of the can be disposed of at the stage of admission, without going into the merits of the case, by directing the learned Magistrate to consider and dispose of Crl.M.P.No.1282 of 2024 in Crl.M.P.No.340 of 2023 in D.V.C.No.25 of 2020 on the file of learned Judicial First Class Eluru, West Godavari District, filed by the petitioners/respondent Nos.1 to 5 as per law, within a period of three (03) days from the date of Magistrate for Special Mobile Court receipt of copy of this order. 5. Accordingly, the Criminal Petition is disposed of at the stage of admission. As a sequel, interlocutory applications pending stand closed. ^ if any, shall SDI- M. SRINIVAS ASSISTANT REGISTRAR i //TRUE COPY// SEerroN officer 1. The Judicial 1®‘ Class Magistrate for Special Mobile Court, Eluru, West Godavari District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 3. One CC to Sri Mutyala Sobhanadri Naidu, Advocate [OPUC] 4. Three CD Copies To TK PRK s HIGH COURT TK DATED:05/02/2025 ORDER CRLP.No.1161 of 2025 DISPOSING OF THE CRIMINAL PETITION AT THE ADMISSION STAGE