Damalanka Venkateswararao Vs The State of Andhra Pradesh

Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition , the High Court may be pleased to quash the impugned order, dated: 29-07-2025 passed in CrI.M.P. No.3219/2025 in C.C. No.129/2020 by the Court of the V Additional Judicial Magistrate of First Class, Kakinada Allow the said application and permit to reopen for purpose of evidence of PW-1 for further cross- examination.

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lA No.1 OF 2025

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Petition under Section 528 of BNSS, praying that in^{thecircumstances} stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings^{inC.C.No. 129/2020} pending before the Court of the V Additional Judicial Magistrate of First Class, Kakinada, pending disposal of the Criminal Revision Case.

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Counsel for the Petitioner: SRI VENKATESWARLU PALADUGU

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Counsel for the Respondents: PUBLIC PROSECUTOR

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The Court made the following order:

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[3396]

APHC01046t812025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 9233/2025

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Between:

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1.DAMALANKA VENKATESWARARAO, S/O.PULLAYYA, AGED ABOUT 55 YEARS. EMPLOYEE IN JNTU(K), KAKINADA

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...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI

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2.DOLINKI VEERABHADRARAO, S/O.VENKATARAO,AGED ABOUT⁵⁰ YEARS. BUSINESS, D n6.6-5-2, PATHRULAVARI STREET, SAMALKOTA

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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1.VENKATESWARLU PALADUGU

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Counsel for the Respondent/complainant(S):

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PUBLIC PROSECUTOR

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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r.PIMINAL PETITIOM NO: 9233/2025

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ORDER:

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under Section 482 of the Code of The instant criminal petition Criminal Procedure, 1973 (for short 'Cr.P.Cyunder Section 528 of Bharatiya 2023 (for short 'BNSS') has been filed by the Nagarik Suraksha Sanhita quash the order dated 29.07.2025 passed by Petitioner/Accused, seeking to Judicial Magistrate of First Class, Kakinada, in the V Additional Crl.M.P.No.3219 of 2025 in G.C.No.129 of 2020. 2. Heard Sri Venkateswarlu Paladugu, learned counsel for the i learned Assistant Public Petitioner/Accused and Ms. KPriyanka Lakshmi Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner 138 of Negotiable herein is facing trial for the offence under Section in Crl.M.P.No.3219 of instruments Act. The petitioner has moved a petition Judicial Magistrate of 2025 in C.C.No.129 of 2020 On the file of V Additional of the complainant and First Class, Kakinada seeking to reopen the evidence recall PW1 for further cross examination, that was^{notconsideredbytheTrial} Court and the same was dismissed vide order dated 29.07.2025. Learned counsel for the petitioner would further submit that^{PW1needstoberecalled} relating to the pro for posing some questions regarding the discrepancies of the accused. note. The matter is coming up for further evidence

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Learned Assistant Public Prosecutor would submit that the Court may ^ \ pass appropriate orders.

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Considering the submissions, since the matter is coming up for further evidence of the accused, the learned Trial Judge is directed to give an opportunity to the petitioner to further cross examine the PW1 further relating to the discrepancies in pro-note and the petitioner is not permitted to put any questions which were already covered by earlier cross examination of PW1 Accordingly, the Criminal Petition is allowed by setting aside the order dated 29.07.2025 passed by the learned V Additional Judicial Magistrate of First Class, Kakinada, in Crl.M.P.No.3219 of 2025 in C.C.No.129 of 2020. The PW1 is directed to be recalled on payment of costs of Rs. 10,000/- (Rupees Ten thousand only) to the PW1.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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//TRUE COPY//

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Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR vK

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SECTION OFFICER

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To,