APHC010224542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos.3449, 3451, 3452 & 3454/2026 Crl.P.No.3449 of 2026 Between: 1. GUDAVALLI VIDYA SAGAR, S/O. GUDAVALLI ANAND KUMAR, MALE, AGED46YEARS, OCC BUSINESS,R/O.D.NO.28-L-53/L, KUMAR STREET, 8TH ROAD,SANTHI NAGAR, ELURU. ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. MARAKALA MURALI, S/O.MAISU MALE, AGED40 YEARS, OCCBUSINESS, R/O. D.NO.L6B-7-31 NEAR ICM SCHOOL, LANKA PETA,TANGEILAMUDI, ELURU. ELURU DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU 1 TOWN P.S. ELURU, ELURU DISTRICT HIGH COURT BUILDINGS,NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. B P RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 Crl.P.No.3451 of 2026 Between: 1. MEDAPATI SUDHAKAR REDDY, S/O. LATE SRINIVASA REDDY, MALE,AGED42 YEARS,OCC REAL ESTATE BUSINESSM R/O. VAIBHAV TOWERS,WESTERN STREET OPP, MOTHIVARI SHOPPING COMPLEX, ELURU. ELURUDISTRICT ...PETITIONER/ACCUSED AND 1. VANAMALI BHARAT KUMAR VARMA, , S/O.VENKATA RAMANA,, MALE,AGED29 YEARS, OCC BUSINESS, R/O.D.NO.L6B-L-4, TILAK NAGAR,DIVISION-38, TANGELLAMUDI, ELURU, ELURU DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU I TOWN P.S. ELURU, ELURU DISTRICT, HIGH COURT BUILDINGSNELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. B P RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Crl.P.No.3452 of 2026 Between: 1. GUDAVALLI VIDYA SAGAR, S/O. GUDAVALLI ANAND KUMAR, MALE, AGED46YEARS, OCC BUSINESS,R/O.D.NO.28-L-53/L, KUMAR STREET, 8TH ROAD,SANTHI NAGAR, ELURU. ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. GUMMADI VENKATA SUBBA RAO, , S/O. NARAYYA,, MALE, AGED 68 YEARS, OCC BUSINESS, R/O. D.NO.24C-5-8, RMS COLONY, 3 ELURU. ELURUDISTRICT. 534 001 RESPONDENT/ACCUSED 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU 1 TOWN P.S. ELURU, ELURU DISTRICT HIGH COURT BUILDINGS,NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. B P RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Crl.P.No.3454 of 2026 Between: 1. MEDAPATI SUDHAKAR REDDY, , S/O. LATE SRINIVASA REDDY, MALE,AGED 42 YEARS,OCC REAL ESTATE BUSINESSM R/O. VAIBHAV TOWERS,WESTERN STREET OPP, MOTHIVARI SHOPPING COMPLEX, ELURU. ELURUDISTRICT ...PETITIONER/ACCUSED AND 1. MULLAPUDI VENKATA NAGARAJU, S/O.NARASIMHA RAO, MALE, AGED40YEARS, OCC BUSINESS, R/O.D.NO. 1-132/1, NEAR PETROL BUNK,NAGULADEVUNIPADU VILLAGE, DENDULURU MANDAL, ELURU DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU 1 TOWN P.S. ELURU, ELURU DISTRICT, HIGH COURT BUILDINGSNELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. B P RAJU 4 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Since the request sought in the four petitions is for expeditious hearing of the S.T.Cs., all four Criminal Petitions are heard together and are being disposed of by this common order. 2. Criminal Petition No.3449 of 2026 has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking a direction to the learned Principal Junior Civil Judge, Eluru, West Godavari District (for brevity, ‘the learned Trial Court’), to dispose of the case in S.T.C.No.144 of 2024, as early as possible. 3. Criminal Petition No.3451 of 2026 has been filed under Section 482 of ‘the Cr.P.C.’/Section 528 of ‘the BNSS’, seeking a direction to ‘the learned Trial Court’, to dispose of the case in S.T.C.No.187 of 2024, as early as possible. 4. Criminal Petition No.3452 of 2026 has been filed under Section 482 of ‘the Cr.P.C.’/Section 528 of ‘the BNSS’, seeking a direction to ‘the learned Trial Court’, to dispose of the case in S.T.C.No.41 of 2024, as early as possible. 5. Criminal Petition No.3454 of 2026 has been filed under Section 482 of ‘the Cr.P.C.’/Section 528 of ‘the BNSS’, seeking a direction to ‘the learned 5 Trial Court’, to dispose of the case in S.T.C.No.189 of 2024, as early as possible. 6. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the Petitioners seeks expeditious disposal of the S.T.C.Nos.41, 144, 187 and 189 of 2024 on the file of ‘the learned Trial Court’. In this regard, it is apposite to mention the Judgment of the Hon’ble Apex Court in Abdul Rehman Antulay v. R.S. Nayak1, wherein at paragraph No.86 (10) held as under: “(10) It is neither advisable nor practicable to fix any time-limit for trial of offences. Any such rule is bound to be qualified one. Such rule cannot also be evolved merely to shift the burden of proving justification on to the shoulders of the prosecution. In every case of complaint of denial of right to speedy trial, it is primarily for the prosecution to justify and explain the delay. At the same time, it is the duty of the court to weigh all the circumstances of a given case before pronouncing upon the complaint. The Supreme Court of USA too has repeatedly refused to fix any such outer time-limit in spite of the Sixth Amendment. Nor do we think that not fixing any such outer limit in effectuates the guarantee of right to speedy trial.” 8. The Hon’ble Apex Court in High Court Bar Association, Allahabad v. State of U.P2, at paragraph No.32 held as under: “32. Therefore, constitutional Courts should not normally fix a time- bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out-of- turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.” 9. It is observed that the practice of giving directions to the learned Trial Courts fixing the schedule for disposal of the cases were deprecated by the 1(1992) 1 SCC 225 2AIROnline 2024 SC 143 6 Hon’ble Apex Court in Abdul Rehman Antulay and High Court Bar Association, Allahabad supra. However, the right to speedy disposal is one of the facets of the fundamental right guaranteed under Article 21 of the Constitution of India. 10. Considering the entire facts and circumstances of the case, ‘the learned Trial Court’, is directed to expedite the hearing in S.T.C.Nos.41, 144, 187 and 189 of 2024 on the file of the learned Principal Junior Civil Judge, Eluru, West Godavari District and dispose of the same, and submit a report to that effect to the Registrar (Judicial) as early as possible. 11. In the result, the Criminal Petitions are disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.04.2026 PRA 7 61 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos.3449, 3451, 3452 & 3454/2026 Date: 27.04.2026 PRA