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2026 DAILYLAW 3066 (AP)

Gottipati Manikanta Harshavardhan v. The State of Andhra Pradesh

CRLP/4387/2026 · 2026-06-16

Subhendu Samanta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010275482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL PETITION NO: 4387/2026 Between: 1. GOTTIPATI MANIKANTA HARSHAVARDHAN, S/O LATE G.KONDAPA NAIDU, AGED ABOUT 39 YEARSR/O 10-8-5C, RAJAVARI STREET, KAVALI,SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH. 2. GOTTIPATI YAMINI PRIYANKA, W/O GOTTIPATI MANIKANTA HARSHA VARDAN,AGED ABOUT 36 YEARS, R/O 24-2-205, B- BLOCK,SHANTHI ESTATES, THANDOORI NIGHTS, NELLORE,SPS NELLORE DISTRICT, ANDHRA PRADESH- 524001. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to grant a direction to the Hon’ble Principal District and Sessions Judge, Nellore, SPS Nellore District to number the Transfer Criminal Petition filed U/s 408 CRPC / 448 BNSS vide C.F No.570 of 2026 on the file of Hon’ble Principal District and Sessions Judge, Nellore, SPS Nellore District with in one week as possible IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the 2 High Court may be pleased may be pleased to dispense with filing of the certified copy of the Petition vide C.F No.570 of 2026 on the file of Hon’ble Principal District and Sessions Judge, Nellore, SPS Nellore District and Petition in DVC No.29 of 2021 on the file of Hon’ble Special Judicial Magistrate of First-Class Excise Offences, Nellore, SPS Nellore District, Andhra Pradesh till the disposal of the Main Criminal Petition in the interest of the justice IA NO: 2 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay all the further proceedings against the Petitioner/Respondent No.1 in DVC No.29 of 2021 on the file of Hon’ble Special Judicial Magistrate of First-Class Excise Offences, Nellore, SPS Nellore District, Andhra Pradesh pending the Criminal Petition before this Hon’ble Court in the interest of Justice. Counsel for the Petitioner/accused: 1. VENSO LAW FIRM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL PETITION NO: 4387/2026 ORDER: The petitioner filed a transfer application under Section 408 of the Criminal Procedure Code / Section 448 of the BNSS, seeking transfer of the criminal proceedings from the Court of the Special Judicial Magistrate of First Class for Excise Offences, Nellore, to any competent court situated in the District Court Complex, Nellore District. 2. Learned counsel for the petitioner submits that, although the transfer application was filed before the learned Sessions Judge in March, 2026, no progress has been made by the office of the learned Sessions Judge in assigning a number to the application. Therefore, he prays for appropriate directions to the Principal District Judge, Nellore. 3. Having heard the learned counsel for the parties, the instant Criminal Petition is disposed of with a direction to the learned Sessions Judge concerned to take immediate steps to ensure that the transfer application is taken up for hearing and disposed of, preferably within six (06) months from the date of this order. Consequently, pending miscellaneous applications, if any, shall stand closed. _________________________ JUSTICE SUBHENDU SAMANTA Dated:17.06.2026. SSA/CMK