Petitioner sought to call for records and quash C.C. No. 62 of 2016 under Section 482 Cr.P.C. The State argued in I.A. that the main case was disposed of. The Court held the petition infructuous and dismissed it.
The criminal petition is dismissed as infructuous and all pending miscellaneous petitions are closed.
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 AT AMARAVATI
MONDAY. THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.4656 OF 2018
Between:
Kakarla Ganga Raju, S/o. Satyanarayana, aged about 54 years, Cultivation, R/o.D.No.2-38, Atchannapalem, Nallajerla Mandal, WestGodavariDistrict.
...PETITIONER/ACCUSED
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 relating to C.C.No.62 of 2017, on the file of the Judicial First Class Magistrate, Bhimadole, West Godavari District, pending disposal of the Criminal Petition.
I.A. No.1 OF 2018
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 of all further proceedings including the appearance of the petitioner in C.C.No.62 of 2017, on the file of the Judicial First Class Magistrate, Bhimadole, West Godavari District, pending disposaloftheCriminalPetition.
This Petition coming on for hearing, upon perusingtheMemorandumof Grounds of Criminal Petition and upon hearing the arguments of Sri T. V. Jaggi Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1.
The Court made the following:
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.4656 OF 2018
ORDER;
The present criminal petition is filed seeking to callforthe records pertaining to C.C.No.62 of 2016, on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District and to quash the same.
Learned counsel for the petitioner submitted that the main case was disposed of. Therefore, nothing remains for further adjudication in the present criminal petition.
Hence, the present Criminal Petition is dismissed as infructuous.
As a sequel, miscellaneous petitions, if any, pendinginthis Criminal Petition shall stand closed.
Sd/- K J RAJA BABU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
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HIGH COURT
DATED:08/01/2024
ORDER
CRLP.No.4656 of 2018
6 Copi’e5 Z\ 3lzif OSL-
DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS
3 issues framed by the court
Whether a criminal petition seeking to call for records and quash proceedings can be dismissed as infructuous when the main case has been disposed of.
Whether the withdrawal or disposal of the primary proceedings renders the present petition infructuous and thus maintainable.
What relief the High Court grants when the underlying case is no longer under adjudication.
1 provisions across 1 enactments
Kakarla Ganga Raju
The State of Andhra Pradesh
Dudala Gopala Krishna
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
