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2026 DAILYLAW 16215 (AP)

Koritipati Prem Kumar v. The State of Andhra Pradesh

CRLRC/145/2026 · 2026-02-11

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

{ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA’ THURSDAY, THE TWELFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA lA No. 3 OF 2026 IN CRLRC NO: 145 OF 2026 Between: Koritipati Prem Kumar, S/o. Seshu Babu, aged 43 years, R/o. 24-28-68, 17/2, Indira Gandhi Nagar, Nalla Cheruvu, Guntur, Guntur District, Andhra Pradesh. ...Accused/Petitioner No. 11 (Petitioner in CRLRC 145 OF 2026 on the file of High Court) AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. 2. Boilla Pedda Tirupalu, S/o. Pitchaiah, aged 64 years, Occ retired Additional Superintendent of Police, R/o. Flat No. 503, 5'^ Lane, Rajendra Nagar, Guntur Town, Guntur District, Andhra Pradesh. ...Complainant/Respondents (Respondents in-do-) Counsel for the Petitioner :Sri.V SAI KUMAR Counsel for Respondent No.1:PUBLIC PROSECUTOR Petition under Section 528 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in FIR No. 429/2025 dated 16.10.2025 on the file of the SHO, Pattabhipuram Police Station Guntur District in CFR No.. 1124/2025 dated 19.08.2025 on the file of the Special Judicial Magistrate of Prohibition and Excise Court at Guntur, Pending disposal of CRLRC No.145 of 2026, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER: Heard the learned counsel for the petitioner/Accused No.11. Learned Assistant Public Prosecutor takes notice on behalf of the State. Learned counsel for the petitioner would submit that the learned Magistrate simply forwarded the complaint presented before the Court in quite contravention of the provisions of the BNSS under Section 175(3) and(4) of BNSS, 2023. Learned Assistant Public Prbsecutor would submit that the Court may pass appropriate Orders. Considering the submissions made, there shall be an interim stay of all further proceedings against the petitioner in FIR No.429 of 2025 dated 16.10.2025 on the file of the SHO, Pattibhipuram Police station, Guntur District in CFR No.1124 of 2025 dated 19.08.2025 on the file of the Special Judicial Magistrate of Prohibition and Excise Court at Guntur. Sd/- N. ^5AGAMWIA assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Special Judicial Magistrate of Prohibition and Excise Court at Guntur. 2. The Station House Officer, Pattabhipuram Police Station, Guntur District 3. Boiila Pedda Tirupalu, S/o. Pitchaiah, Occ retiredAdditional Superintendent of Police, R/o. Flat No. 503, 5'^ Lane, Rajendra Nagar Guntur Town, Guntur District, Andhra Pradesh.( By RPAD) 4. One CC to SRI. V SAI KUMAR Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of A.P. [OUT] 6. One spare copy. HIGH COURT DR.VJP,J DATED: 12/02/2026 LIST THE MATTER ON 18.03.2026 ORDER I.A.No.3 of 2026 IN CRLRC.No.145 of 2026 xO I ^ ! m i it# INTERIM STAY C''