APHC010071752021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1130/2021 Between: 1. PATHAN GULAM ALI KHAN, S/O. P.GULAM HYDER KHAN, AGED ABOUT 45 YEARS, R/ O.D.NO.21/ 512, PALEMPAPAIAH STREET, KADAPA, YSR (KADAPA) DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, THROUGH THE SHO, II TOWN P.S., KADAPA, HIGH COURT OF ANDHRA PRADESH 2. BHUPATHI SWATHI, W/O. B.BRAHMAIAH, AGED ABOUT 32 YEARS, R/O.D.NO.20/568-1, NAMASTE BOARD LINE, SANKARAPURAM, KADAPA CITY, 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 Courtto quash the order dated 29.10.2020 in Crl.R.P.No. 5 of 2020 on the file of the Hon'ble Principal Sessions Judge, Kadapa by confirming the order dated 26.11.2019 in Crl.M.P.No. 2203 of 2019 in C.C.No. 707 of 2018 on the file of the Hon'ble I Additional Judicial Magistrate of First Class, Kadapa and pass IA NO: 1 OF 2021 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 2 High Court may be pleased to grant stay of all further proceedings including appearance of the petitioner in C.C.No. 707 of 2018 on the file of the Hon'ble I Additional Judicial Magistrate of First Class, Kadapa Counsel for the Petitioner/accused: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. 0 3 The Court made the following: ORDER : The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/Accused No.5, seeking quashment of the order dated 29.10.2020 in Crl.R.P.No.5 of 2020 on the file of the learned Principal Sessions Judge, Kadapa by confirming the order dated 26.11.2019 in Crl.M.P.No.2203 of 2019 in C.C.No.707 of 2018 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa. 2. When the matter is taken up for hearing, learned counsel for the petitioner would submit that, without causing any prejudice to the rights and contentions of the petitioner, the petition may be disposed of. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 4. In that view, this Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. This Court makes it clear that this Court has not expressed anything touching the merits of the case. The petitioner is at liberty to raise all the contentions in his defence. The learned trial Judge may appreciate and take appropriate decision according to law. However, the presence of the petitioner before the trial Court is dispensed with, unless his presence is specifically warranted. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 24-07-2025 JLV 5 165 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1130 of 2021 Dt.24.07.2025 JLV