APHC010401242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 5869/2023 Between: 1. GULLA SESHU BALU @ SEHSU BABU, S/O VEERARAJU AGED 47 YEARS, RESIDENT OF FLAT NO.319,OPPOSITE TO RTC DEPO, MARUTHINAGAR,GAJUWAKA,VISHAKAPATNAM CITY. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMAVARATHI. 2. GOGINENI SUDHAKAR RAO, S/O LATE APPAYYA AGED 64 YEARS RESIDENT OF HOUSE BEARING DOOR NUMBER 7-10-49, NEAR PANTHULUGARIMEDA,OLD GAJUWAKA,VISHAKAPATNAM CITY. ...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 call for the entire records in CC No 362 of 2017 on the file of the court of III Additional Cheif Metropoltian Magistrate,at Gajuwaka,Vishakapatnam District.For the offences under sections 420,463,471,120(B) read with 34 IPC and Quash the same against the petitioner as abuse of process of law and the pass such other orders as this Hon'ble Court may deem fit and proper in circumstances of the case and pass IA NO: 1 OF 2023 2 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 grant stay of all further proceedings including the presence of the petitioner in CC No 362 of 2017 on the file of the court of HI Additional Cheif Metropolitian Magistrate, at Gajuwaka, Vishakapatnam District, pending disposal of the above criminal petition and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of this case.And pass Counsel for the Petitioner/accused: 1. G RAMA KRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. Dr CHALLA SRINIVASA REDDY The Court made the following: 3 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 5869/2023 ORDER: 1. This petition is filed by the Petitioner/Accused No.4 to quash the proceedings in C.C. No.362 of 2017 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam District of the offences punishable under Sections 420, 463, 471, 120(B) read with 34 of the Indian Penal Code. 2. Sri G. Rama Krishna, learned counsel for the petitioner submitted that vague allegations are levelled against the petitioner. The Petitioner/Accused No.4 has not committed any offence and he is in no way concerned with the allegations levelled against him, the Investigating Officer impleaded him at the instance of Respondent No.2. 3. Learned counsel for the Respondent No.2 and the learned Assistant Public Prosecutor refuted the said arguments and stated that the Petitioner/Accused No.4 also played main role in commission of the offence. 4. As seen from the e-Courts, the main case in C.C. No.362 of 2017 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam District, is posted for arguments. 4 5. Learned counsel for the petitioner and Respondent No.2 fairly conceded to dispose of this petition without touching the merits of the case as the main case has reached the stage of arguments. 6. Recorded the said submissions of the learned counsel for the petitioner, learned counsel for the Respondent No.2 as well as learned Assistant Public prosecutor. 7. Therefore, without touching the merits of the case and the grounds stated by the learned counsel for the petitioner, this Criminal Petition is disposed of as the C.C.No.362 of 2017 pending on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam District is posted for arguments. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 08.09.2026 SSA/CJP 5 35 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 5869/2023 Date: 08.09.2026 SSA/CJP