In a criminal petition seeking quashal of proceedings that had resulted in the petitioner's acquittal, the High Court found the relief infructuous as the case was already ended in judgment of acquittal before the trial court.
Criminal Petition is dismissed as relief has become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2598 OF 2021
Between:
K.Harinatha Reddy, S/o. K.Ankal Reddy, Aged about 35 years, Occ: Sub-Inspector of Police, Kolimigundia Police Station, Kolimigudia Police Station, Kurnool District.
...Petitioner/Accused
AND
...Respondents
Petition under Section 482 of Cr.P.C praying that inthecircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in C.C.No.9 of 2021 on the file of the Court of the Judicial First Class Magistrate, Banaganipalli,Kurnool District and quash the same.
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(.A. NO: 1 OF 2021
Petition under Section 482 of Cr.P.C praying that inthecircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No.9of2021 on the file of the court of the Judicial First Class Magistrate, Banaganipalli, Kurnool District.
This Petition coming on for hearing, upon perusingtheMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V R Reddy Kovvuri, Advocate for the Petitioner and thePublicProsecutor on behalf of the Respondent No.1.
The Court made the following ORDER:
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2598 OF 2021
Between:
Counsel for the petitioner/s Sri V.R.Reddy Kovvuri Counsel for respondent No. 1 Assistant Public Prosecutor Counsel for respondent No.2
ORDER:
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the Petitioner/Accused, seeking to quash the proceedings against him in C.C.No.9of2021 on the file of the Court of Judicial Magistrate of First Class, Banaganapalle.
2
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- As per the information furnished from the Registry, the case was ended in acquittal before the trial Court.
- Sri V.R.Reddy Kovvuri, learned counsel for the Petitioner would submit that petition may be disposed of by recording the same.
- Ms.D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/respondent No.l IS in attendance.
- In that view of the matter, the Criminal Petition is dismissed as relief has become infructuous. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed.
SD/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY//
SECTION OFFICER
To,
SSL sree
/ r
HIGH COURT
DATED:13/03/2024
ORDER
CRLP.No.2598 of 2021
DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS
*
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3 issues framed by the court
Whether the criminal petition in C.C.No.9 of 2021 should be quashed given that the accused was already acquitted in the trial court.
Whether proceedings against the petitioner in C.C.No.9 of 2021 should be stayed on the evening of the hearing.
To decide the writ jurisdiction under Section 482 CPC in light of the acquittal.
1 provisions across 1 enactments
K.Harinatha Reddy
The State of Andhra Pradesh
Thellari SudheerKumaar
ThellariKulle Srinivasulu
ThellariKulle Sumanth
VENKATA JYOTHIRMAI PRATAPA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
