Gubbala Suresh, Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION Nos. 416 & 417 OF 2025

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Criminal Petition No. 416 of 2025

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Between:

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Gubbala Suresh, S/o. Srinivasa Rao, Aged 25 years, R/at 2-21, Seelamvari Palem, H/o K. Jagannadhapuram Village, Ainavilli Mandal, East Godavari District, Andhra Pradesh-533577.

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...PETITIONER/ACCUSED-3

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AND

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The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

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Siddamsetti Nagamani W/o. Chandra Rao, Aged 70 Years, Kothapeta Village, Pillakaluvagattu, Old Ramalayama Street, Kothapeta Mandal, East Godavari District.

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...RESPONDENTS

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Petition under Section 482 of Cr.P.C and 528 BNSS praying^that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct the trial court in C.C. No. 604 of 2022 on the file of the Judicial I Class Magistrate, Kothapeta, East Godavari District in Crime No. 61 of 2019 Under Section 382 R/w 411 of IPC of Kothapeta Police Station to conduct speedy trial and expeditiously dispose of the matter pending disposal of the main^case.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Simhachalam Karukola, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

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Criminal Petition No: 417 of 2025

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Between:

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Gubbala Suresh, S/o. Srinivasa Rao, Aged 25 vears R/at 2-21 ^PPiamwari Cfs'frS, Andhra

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...PETITIONER/ACCUSED-3

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AND

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Pradesh, Rep by its Public Prosecutor High Court

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of Andhra Pradesh, Amaravati.

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Subbalakshmi, W/o Sriramachandramurthy, Aged 56 PHioif’i Amalapuram Village & Mandal Pillakaluvagattu, Old Ramalayama Street, East Godavari District

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...RESPONDENTS Petition under Section 482 of Cr.P.C and 528 BNSS praying^that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the trial court in C.C. No. 764 of 2021 on the file of the Additional Judicial First Class Magistrate, Amalapuram, East Godavari District in Crime No. 395 of 2020 Under Section 356, 382 r/w 34 of IPC or 411 of IPC of Amalapuram Town Police Station to conduct speedy trial and expeditiously dispose of the matter and allow the Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Simhachalam Karukola, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following COMMON ORDER :

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APHC010010112025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3457]

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(Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION NOs: 416 & 417/2025

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Between:

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Gubbala Suresh

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...PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT{S) and Others

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Counsel for the Petitioner/accused:

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1.SIMHACHALAM KARUKOLA

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Counsel for the Respondent/complalnant(S):

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PUBLIC PROSECUTOR

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PUBLIC PROSECUTOR

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The Court made the following order:

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Criminal Petition No.416 of 2025 filed under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS 2023”) seeking for speedy disposal of C.C.No.604 of 2022 , on the file of the Judicial I Class Magistrate, Kothapeta, East Godavari District in Crime No.61 of 2019, dated 05.03.2019 registered for the offences punishable under Section 382 of Indian Penal Code (for short “I.P.C.”).

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Criminal Petition No.417 of 2025 is filed under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS, 2023”) seeking for speedy disposal of C.C.No.764 of 2021 on the file of the Additional Judicial First Class Magistrate, Amalapuram, East Godavari District in Crime No.395 of 2020, dated 28.11. 2020, registered for the offences punishable under Sections 356, 382 of Indian Penal Code (for short “I.P.C.”). 2. Since the issues involved in both the Criminal petitions are one and the same, they are disposed of by way of a common order. 3. Learned counsel for the petitioner submits that the petitioner ISi: innocent of the offences much less the alleged offences initiated against him and he was falsely implicated in C.C.No.604 of 2022 as Accused No.3 and Accused No.4 in C.C.No.764 of 2021. He submits that the petitioner is an educated person and he is receiving several job opportunities from abroad. However, due to the pendency of criminal proceedings against him, he was unable to secure a job. As such, seeking a direction for speedy disposal of C.C.No.764 of 2021 on the file of the Additional Judicial First Class Magistrate, Amalapuram, East Godavari District and C.C.No.604 of 2022 on the

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/ /

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\

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file of the Judicial I Class Magistrate, Kothapeta, East Godavari District.

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Considering the submissions of learned counsel for the petitioner, the Criminal Petitions are disposed of, directing the Judicial I Class Magistrate, Kothapeta, East Godavari District and the Additional Judicial First Class Magistrate, Amalapuram, East Godavari District, to endeavor for the speedy disposal^ofC.C.No.604 of 2022 and C.C.No.764 of 2021, respectively, as expeditiously^as possible, preferably within a period of three (03)^{monthsfromthe} date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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SRINIVASA RAJU assistant registrar //TRUE COPY//

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To,

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SE OFFICER

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1- The Judicial I Class Magistrate

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1. The Additional Judicial Kothapeta, East Godavari District. Godavari District. First Class Magistrate, AmalapuramI. East Kothapeta Police Station East Godavari

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