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2026 DAILYLAW 7999 (AP)

SHAIK KHADIR v. THE STATE F AP

CRLP/413/2024 · 2026-08-13

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010029522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 413 OF 2024 Between: 1. SHAIK KHADIR, s/o Sk. Adar, Muslim, age 46 Years, Occ Driver, R/o D.NO.16T02, Valandapalem, Machilipatnam, Krishna District-521 001 ...Petitioner AND 1. THE STATE F AP, through Represented by its Publilc Prosecutor, High Court of A.P., Amaravathi. 2. Sivanarayana Kaki, s/o Satyanarayana, Hindu, age 38 years, Sub-Inspector of Police, Yelamanchili Police Station, Yelamanchili, West Godavari District ...Respondents 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 Court pleased to quash the entire proceedings against the petitioner/Accused in Crime No.04 of 2024 on the file of Yelamanchili Police Station, West Godavari District and pass IA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of 2 Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the original certified copy of crime no 04 of 2024 on the file of Yelamanchili police station, West Godavari District before the Honble court and pass IA NO: 2 OF 2024 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 to stay of all further proceedings in Crime No.04 of 2024 on the file of Yelamanchili Police Station, West Godavari District, against the petitioner pending disposal of main criminal petition and pass Counsel for the Petitioner: M.V.RAMANA KUMARI Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No. 413 of 2024 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of Cr.P.C, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.04 of 2024 of Yalamanchili Police Station, West Godavari District, for the offences punishable under Section 420 IPC. 2. 2. When the matter is taken up for hearing today, learned Assistant Public Prosecutor, based on written instructions dated 12.08.2024, submits that the matter referred to in FIR in Crime No.04 of 2024 has been classified as a “Mistake of Fact”. The written instructions dated 12.08.2024 are placed on record. 3. Recording the said submissions of the learned Assistant Public Prosecutor, coupled with the fact that the FIR in Crime No.04 of 2024 itself has been closed as a “Mistake of Fact”, the present Criminal Petition is closed. 4 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 14.08.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 69 CRIMINAL PETITION NO: 413 of 2024 Date: 14.08.2026 krk