APHC010092872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2499/2025 Between: Thota Ashok Kumar and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. SRINIVASA RAO PAPPU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HN, J Crl.P.No.2499_2025 2 The Court made the following Order: The present criminal petition is filed seeking to quash the order passed by the Civil Judge (Senior Division), Amalapuram, passed in Cr.MP.No.160 of 2024 in S.C.No.381 of 2018, whereby the learned Judge dismissed the petition filed by the petitioners under Section 294 of the Cr.P.C. 2. The learned counsel for the petitioners submits that an application under Section 294 Cr.P.C was filed for the reception of documents pertaining to the disputes between the petitioners/ Accused Nos.1 to 4. The documents relating to O.P.No.195 of 2018, which was renumbered as H.M.P.O.No.155 of 2020, including the copy of depositions and other documents, were sought to be taken on record for the purpose of deciding the discharge petition filed by the petitioner. 3. The learned Magistrate is required to consider the discharge petition based on the evidence available on record as of the date of considering the discharge petition. The learned Judge has passed a well-reasoned order dismissing the petition of the petitioners. HN, J Crl.P.No.2499_2025 3 4. The learned counsel for the petitioners submits that insofar as taking the documents on record is concerned, it is in the interest for the petitioners to substantiate their stand before the Trial Court. 5. Considering the same, it is left open for the petitioners to file a fresh application for seeking to take the documents on record, subject to the objection of the other side. Insofar as the discharge petition is concerned, it is for the learned Civil Judge to consider the same based on the available material on record. 6. With these observations, the criminal petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 10.03.2025 NKA HN, J Crl.P.No.2499_2025 4 183 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.2499 of 2025 Date: 10.03.2025 NKA