APHC010362822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 479/2020 Between: 1. SHAIK JILANI BASHA, S/O SHAIK SATTAR, AGED 56 YEARS, R/O D. NO 67/95-9, SBI COLONY, KADAPA CITY AND DISTRICT 2. R. MALTA REDDY,, S/O R. PEDDA YELLA REDDY LINGA REDDY (V), C.K. DINNE MANDAL KADAPA DISTRICT 3. M. SUDHAKAR REDDY,, S/O LATE M. CHENNA REDDY, AGED 57 YEARS, R/O DOOR NO. 3-8-108, GREEN HOUSE, BEHIND AUTO NAGAR, BAKARAPURAM, PULIVENDULA TOWN, YSR KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by the Sub-Inspector of Police, Kadapa Taluk Police Station, Kadapa City and YSR District, Rep. by its Public Prosecutor, High Court of A.P, Arnaravati ...RESPONDENT Counsel for the Petitioner(S): 1. SODUM ANVESHA Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 Dr.YLR, J Crl.R.C.No.479 of 2020 Dated 27.07.2026 ORDER: Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’), challenging the order dated 05.12.2019 passed in Crl.M.P. No.3561 of 2019 in C.C. No.448 of 2018 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa, whereby the application filed by the Petitioners under Section 239 of ‘the Cr.P.C.,’ seeking to discharge was disposed of in view of the interim stay granted by this Court in W.P.M.P. No.49667 of 2017 in W.P. No.40055 of 2017. 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. 3. Sri V. Veera Reddy, learned Senior Counsel appearing on behalf of Smt. Sodum Anvesha, learned counsel for the Petitioners, submits that W.P. No.40055 of 2017 has been dismissed by this Court observing that the learned Trial Court had already taken cognizance of the offence and that the calendar case is pending. 4. It is also brought to the notice of this Court that Accused No.4 in the calendar case had filed a petition under Section 482 of ‘the Cr.P.C.,’ before this Court, and the same was allowed, quashing the proceedings against him. It is submitted that Accused No.4 was only an attesting witness. It is further submitted that Petitioner No.2/Accused No.3 is also one of the attesting witnesses. 3 Dr.YLR, J Crl.R.C.No.479 of 2020 Dated 27.07.2026 5. Be that as it may, the learned Trial Court did not consider the discharge application on merits and disposed of the same solely on the ground that the writ petition was pending before this Court. 6. In view of the dismissal of W.P. No.40055 of 2017, the learned Trial Court is directed to restore Crl.M.P. No.3561 of 2019 to its file and consider the application afresh on its own merits, without being influenced by the observations made in the order passed by this Court in W.P. No.40055 of 2017. The learned Trial Court shall dispose of the discharge petition as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. 7. Accordingly, the Criminal Revision Case is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Date:27.07.2026 KMS 4 Dr.YLR, J Crl.R.C.No.479 of 2020 Dated 27.07.2026 74 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 479/2020 Date: 27.07.2026 KMS