APHC010228862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3547/2026 Between: 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. WEST GODAVARI DISTRICT. ...PETITIONER/COMPLAINANT AND 1. KAIAPALA GURVARAO, S/O.CHINTHAYYA, MALE, AGED25 YEARS,OCC PVT.EMPLOYEE, R/O. D.NO.5-6-468, NEAR OLD BUS STAND,JAGAJEEVAN NAGAR, JANGAREDDYGUDEM, ELURU DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU III TOWN P.S. ELURU, ELURU DISTRICT HIGH COURTBUILDINGS, NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner/complainant: B P RAJU Counsel for the Respondent(S): PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 2. CRIMINAL PETITION NO: 3548/2026 Between: GUDAVALLI VIDYA SAGAR, S/O. GUDAVALLI ANAND KUMAR, MALE, AGED46YEARS, OCC BUSINESS,R/O.D.NO.28-1-53/1, KUMAR STREET, 8TH ROAD,SANTHI NAGAR, ELURU. WEST GODAVARI DISTRICT. ...PETITIONER/COMPLAINANT AND 1. GORRELA PAVAN KUMAR, S/O.CHITTIBABU, MALE, AGED25 YEARS,OCC PVT.EMPLOYEE, R/O. D.NO. 1-20, BRIDGE DOWN, GUNDUGOLANUVILLAGE, BHIMADOLE MANDAL, ELURU DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU III TOWN P.S. ELURU, ELURU DISTRICT HIGH COURTBUILDINGS, NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner/complainant: B P RAJU Counsel for the Respondent(S): PUBLIC PROSECUTOR 3.CRIMINAL PETITION NO: 3549/2026 Between: 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. WEST GODAVARI 3 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 DISTRICT. ...PETITIONER/COMPLAINANT AND 1. YALAMARTHI VARAPRASAD, S/O.BHIMARAJU, MALE, AGED44 YEARS,R/O. D.NO.23B-6-58,C/O. JAYANTHIS HOUSE. BESIDE SIVAKESAVATEMPLE, CHINTACHETTU ROAD, R.R.PET, ELURU. WEST GODAVARI DISTRICT 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU III TOWN P.S. ELURU, ELURU DISTRICT HIGH COURTBUILDINGS, NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner/complainant: B P RAJU Counsel for the Respondent(S): PUBLIC PROSECUTOR 4.CRIMINAL PETITION NO: 3556/2026 Between: 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. WEST GODAVARI DISTRICT. ...PETITIONER/COMPLAINANT AND 1. KORSA PAVAN KUMAR, S/O.VENKATESWARA RAO, MALE, AGED28YEARS, OCC PVT.EMPLOYEE, R/O. D.NO.704, ANNAPURNA ENTRY ROAD,MARUTHI NAGAR, 4 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 JANGAREDDYGUDEM, ELURU DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR THROUGHS.H.O. ELURU III TOWN P.S. ELURU, ELURU DISTRICT HIGH COURTBUILDINGS, NELAPADU, AMARAVATHI. GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner/complainant: B P RAJU Counsel for the Respondent(S): PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These four Criminal Petitions are heard together and are disposed of by this common order, though the crimes involved in the four Criminal Petitions are different, the petitioner is one and the same. 2. These four Criminal Petitions have 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 Special First Class Magistrate (Mobile) Court-Cum-III Additional Junior Civil Judge, Eluru, West Godavari District, to dispose of the cases in S.T.C.Nos.179, 176 of 2023 & 245 of 2022 and C.C.No.822 of 2023, as early as possible. 5 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. As seen from the record, the petitioner seeks expeditious disposal of S.T.C.Nos.179, 176 of 2023 & 245 of 2022 and C.C.No.822 of 2023 on the file of the learned Special First Class Magistrate (Mobile) Court- Cum-III Additional Junior Civil Judge, Eluru, West Godavari District. 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.” 5. 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.” 1(1992) 1 SCC 225 2AIR Online 2024 SC 143 6 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 6. 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. 7. Considering the entire facts and circumstances of the case, the learned Special First Class Magistrate (Mobile) Court-Cum-III Additional Junior Civil Judge, Eluru, West Godavari District, is directed to expedite the hearing in S.T.C.Nos.179, 176 of 2023 & 245 of 2022 and C.C.No.822 of 2023 and dispose of the same, and submit a report to that effect to the Registrar (Judicial) as early as possible. 8. In the result, these four Criminal Petitions are disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 04.05.2026 RSI 7 Dr. YLR, J Crl.P.Nos. 3547, 3548, 3549 &3556 of 2026 Dated 04.05.2026 88 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 3547, 3548, 3549 and 3556 of 2026 Date: 04.05.2026 RSI