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2026 DAILYLAW 4719 (AP)

Burjabariki Sujatha v. The State of Andhra Pradesh

CRLP/5477/2026 · 2026-07-06

Maheswara Rao Kuncheam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date of pronouncement : 07.07.2026 Date of uploading : 10.07.2026 APHC010341092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5477/2026 Between: 1. BURJABARIKI SUJATHA, W/O KRISHNAMURTHYAGED 35 YEARS, OCC CULTIVATION,R/O GANNELA VILLAGE PANCHYATHI,ARAKU VALLEY MANDAL,ALLURI SEETHARAMA RAJU DISTRICT-531 151. 2. BURJABARIKI KRISHNAMURTHY, S/O. APPALU,AGED 45 YEARS, OCC CULTIVATION,R/O GANNELA VILLAGE PANCHYATHI,ARAKU VALLEY MANDAL,ALLURI SEETHARAMA RAJU DISTRICT 3. BURJABARIKI APPALU, S/O. MUKUND,AGED 68 YEARS, OCC CULTIVATION,R/O GANNELA VILLAGE PANCHYATHI,ARAKU VALLEY MANDAL,ALLURI SEETHARAMA RAJU DISTRICT. 4. BURJABARIKI KALAVATHI, W/O T SUBBARAO,AGED 50 YEARS. OCC CULTIVATION,R/O KONAPURAM VILLAGE,ANANTHAGIRLMANDAL,ALLURI SEETHARAMA RAJU DISTRICT. 5. VANTHALA DILIP, S/O MOHANRAO,AGED 28 YEARS, OCC STUDENT,R/O D.NO 1-12, MEHAR NAGAR,GAJUWAKA MANDAL, VISKHAPATNAM. 6. THADABARIKI ASHOK, S/O SUBBARAO,AGED 24 YEARS, OCC STUDENT, R/O GANNELA VILLAGE,ARAKU VALLEY MANDAL, ALLURI SEETHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. BURJABARIKI AMMANNA, S/O MUKUNDA,AGED 70 YEARS, OCC CULTIVATION,R/O GANNELA VILLAGE PANCHYATHI,ARAKU VALLEY MANDAL,ALLURI SEETHARAMA RAJU DISTRICT ...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 Courtpleased to quash the entire proceedings in C.C. No. 31 of 2021 on the file of the Court of Learned Judicial First Class Magistrate, Araku and to pass 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 High Court may be pleased pleased to grant stay of all further proceedings including appearance of the Petitioners in C.C. No. 31 of 2021 on the file of the Court of Learned Judicial First Class Magistrate, Araku, pending disposal of the main Criminal Petition and to pass Counsel for the Petitioner/accused(S): 1. THARIGOPULA SURYA CHAITANYA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5477 OF 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A6), seeking to quash the charge sheet in C.C.No.31 of 2021 on the file of the learned First Class Magistrate, Araku, wherein they were charged for the offences punishable under Sections 427, 324, 506 r/w 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners submits that the petitioners herein (A1 to A6) were charged with the offences punishable under 427, 324, 506 r/w 34 of IPC in C.C.No.31 of 2021 on the file of the learned First Class Magistrate, Araku. 4. Learned counsel further submits that the allegations made against the petitioners (A1 to A6) are omnibus and devoid of specific over acts against each accused. 5. Though multiple grounds are raised in the affidavit, during the course of arguments, the learned counsel for the petitioners restricted the prayer in the present petition to dispensing with the personal appearance of the petitioners in the proceedings in C.C. No.31 of 2021 before the trial Court. 6. On the other hand, the learned Assistant Public Prosecutor fairly submits that the police filed charge-sheet against the petitioners under Sections 427, 324, 506 of IPC and the same was numbered as C.C.No.31 of 2021 on the file of the Court of Learned Judicial First Class Magistrate, Araku. 7. Considering the submissions made by learned counsel for the petitioners, and after perusal of the entire material available on record, the presence of petitioners herein (A1 to A6) before the learned Judicial First Class Magistrate, Araku, in C.C.No.31 of 2021 is dispensed with, except on those dates when the learned Magistrate feels that their presence is necessary. 8. Accordingly, the Criminal Petition is disposed of. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 07.07.2026 krk THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 102 CRIMINAL PETITION NO: 5477/2026 Dt: 07.07.2026 krk