APHC010148112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2308/2026 Between: 1. BASINA VEERA VENKATA SURYANARAYANA, S/O VEERABHADRA RAO, AGED ABOUT 48 YEARS, ADVOCATE BY PROFESSION, RESIDENT OF 101 CRYSTAL CASTLE, 102 VASAVI NAGAR, PATAMATA VIJAYAWADA- KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, GUNTUR DISTRICT. 2. THE SHO PATAMATA LAW AND ODER PS, VIJAYAWADA, KRISHNA. 3. 3. K UMAMAHESWAR RAO, EX INSPOECTOR OF POLICE COMMISSIONERS TASK FORCE VIJAYAWADA KRISHNA. 4. B GUNARAMU, EX SUB INSPETOR OF POLICE MACHAVARAM PS . VIJAYAWADA KRISHNA. 5. GANGA RAJU, EX SUB INSPETOR OF POLICE COMMISSIONERS TASK FORCE VIJAYAWADA KRISHNA. 6. SUBRAMANYESWAR RAO, EX SUB INSPETOR OF POLICE MACHAVARAM PS . VIJAYAWADA KRISHNA. 7. UPPU SATYANARAYANA, S/O LAXMIPATHI RAO , AGED ABOUT 70 YEARS , D NO 18-1-19, NEAR STATE BANK, AYODYARAMAPURAM 2 SAMARLAKOTA . KAKINADA DIST AP-533440 8. SMT BALIA LAXMI RATHNA SWETHA, W/O PRADEEP, AGED ABOUT 38 YEARS,50-11-213, AYYAPPANAGAR, QUARY ROAD, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT. PRESENTLY RESIDING AT C/O PLATINA DENTAL CARE MIG 42, OPP JNTU, ABOVE CHASMA, JNTU - HITECH CITY RD, KPHB COLONY, KUKATPALLY, HYDERABAD- 50007 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. T RAGHU PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition 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 Trial Court to dispose of the C.C.No.248 of 2018 in Cr.No.868 of 2015 on the file of the learned IV Additional Chief Metropolitan Magistrate, Vijayawada, as early as possible. 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the petitioner seeks expeditious disposal of the C.C.No.248 of 2018 in Cr.No.868 of 2015 on the file of the learned IV Additional Chief Metropolitan Magistrate, Vijayawada. In this regard, it is apposite to mention the judgment of the Hon’ble Apex Court in Abdul 3 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-limitin spite of the Sixth Amendment. Nor do we think that not fixing any such outer limit ineffectuates the guarantee of right to speedy trial.” 4. 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.” 5. 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 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. 6. Considering the facts and circumstances of the case, the learned IV Additional Chief Metropolitan Magistrate, Vijayawada, is directed to dispose of 1(1992) 1 SCC 225 2AIROnline 2024 SC 143 4 the case in C.C.No.248 of 2018 as expeditiously as possible, and submit a report to that effect to the Registrar (Judicial). 7. In the result, the Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.03.2026 PRA 5 52 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2308 of 2026 Date: 30.03.2026 PRA