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2026 DAILYLAW 9275 (AP)

Tanneeru Siva Prasad alias Siva v. The State of Andhra Pradesh

CRLP/7657/2026 · 2026-09-02

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010458922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7657 OF 2026 Between: 1. Tanneeru Siva Prasad alias Siva, S/o Venu, Agedabout 35 years, R/o Sriram Nagar Colony, Singarayakonda Village and Mand, Prakasam District. 2. Tanneeru Venu, S/o Nagaiah, Aged about 59 years, R/o H.No.9-39/84/2, near KiranTheatre, West Venkatapuram, Dinakar Nagar,Lothukunta,Secunderabad, Hyderabad,Telangana. 3. Tanneeru Mangamma, W/o Venu, Aged about 49 years, R/o Sriram Nagar Colony,Singarayakonda Village and Mand,Prakasam District. 4. Tanneeru Leela alias Leelavathi, D/o Venu, Agedabout 32 years, R/o Patha Singarayakonda,Singarayakonda Village and Mandal,Prakasam District. 5. Tanneeru Varalakshmi, D/o Venu, Aged about 28 years, R/o Patha Singarayakonda,Singarayakonda Village and Mandal,Prakasam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by itsPublic Prosecutor, High Court of AndhraPradesh, Nelapadu, Guntur District. 2 2. Tanneeru Jyothi, W/o Siva Prasad Siva, Aged about 26 years, R/oYerravaddipalem, Kandukuru Town andMandal, Prakasam 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 Courtto expedite the disposal of CC.No.l4 of 2022 on the file of the Court of the Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Kandukur, Prakasam District 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 to dispense with in filing the certified copy of Charge Sheet in CC.No. 14 of 2022 on the file of the Court of the Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Kandukur, Prakasam District Counsel for the Petitioners: SAI HARSHITH PULAPARTHI Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7657 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A1 to A5), to expedite the disposal of C.C.No.14 of 2022, pending before the learned Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Kandukur, Prakasam District, by expediting the trial. 2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the petitioners seek expeditious disposal of the C.C.No.14 of 2022 on the file of the learned Additional Judicial First-Class Magistrate-cum-Additional Junior Civil Judge, Kandukur, Prakasam District. 4. Learned counsel for the petitioners submit that the petitioners are agriculturists and are exclusively eking out their livelihood by doing cultivation and coolie work, and as such, it is difficult for them to attend court proceedings day in and day out, which is pending right from the year 2022. He further states that 4 petitioner No.2 is aged about 59 years and is suffering from ailments. 5. On the other hand, learned Assistant Public Prosecutor has not refuted the submission made by learned counsel for the petitioners and has expressed no objection for directing the trial Court to dispose of the C.C.No.14 of 2022. 6. Recently, Hon’ble Apex Court in Kailash Chandra Kapri Vs. State of Uttar Pradesh & others1 at paragraph No.15 held as under: “15. The Right to have a speedy trial is one of the requirements of Article 21 of the Constitution irrespective of the fact whether the accused is in jail or on bail and furthermore irrespective of the nature of the crime. This speedy trial is one of the requirements of Article 21 of the Constitution and from the facts and circumstances of a given case if the High court finds that the proceeding if allowed to continue will amount to violation of Article 21 of the Constitution then the High court should not hesitate to exercise its inherent powers under Section528 of the BNSS 2023 or in exercise of its writ jurisdiction under Article 226 of the Constitution.” 7. Hon’ble Apex Court in Hussainara Khatoon Vs. State of Bihar2, held as under: “Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of ‘reasonable, fair and just’ procedure guaranteed by Article 21 and it is 1 2026 LiveLaw (SC) 487 2 AIR 1979 SC 1369 5 the constitutional obligation of the State to devise such a procedure as would ensure speedy trial of the accused.” 8. Considering the peculiar facts and circumstances of the case, as the CC is of the year 2022 and in view of the fact that right to get speedy trial is an integral part of Article 21 of the Constitution of India and the same was vividly reiterated by the Hon’ble Apex Court, learned Trial Court is directed to dispose of the case in C.C.No.14 of 2022 as expeditiously as possible, and submit a report to that effect to the Registrar (Judicial). 9. In the result, the Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.09.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7657 of 2026 Date: 03.09.2026 PSA