Dismissed¶33

Bobbili Narasimha Murthy, v. The State of Andhra Pradesh, rep.by its Public Prosecutor

Andhra Pradesh HC2 Feb 2026CRLA/1453/2005

Case brief

AI extract

What is this about?

Bobbili Narasimha Murthy v. State of Andhra Pradesh; Criminal Appeal No.1453 of 2005; dismissed as infructuous; complaint under S.340 r/w 195(1)(b) CrPC for offence under S.211 IPC; order dated 02.02.2005 by Special Judge SPE & ACB Cases Vijayawada in C.C. No.12 of 2000; resultant complaint C.C. No.317 of 2005 before III Addl. Chief Metropolitan Magistrate, Vijayawada, disposed 20.01.2025; cause does not survive; pending IAs closed; Justice B.V.L.N. Chakravarthi; decided 03.02.2026.

What did the court decide?

That, C.C. No.317 of 2005 - the complaint filed pursuant to the order under challenge - having been disposed of on 20.01.2025, the cause in the present criminal appeal does not survive for further adjudication and the criminal appeal has become infructuous. ¶30

Bobbili Narasimha Murthy, Vs The State of Andhra Pradesh, rep.by its Public Prosecutor — Andhra Pradesh HC (2026) — LawSathi Research

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[3368]

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APHC010208422005

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 1453/2005

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Between:

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BOBBILI NARASIMHA MURTHY,, S/O VEERA SUDHAKARA GANDHI, R/O TANUKU, WEST GODAVARI DISTRICT.

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...APELLANT

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AND

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THE STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUTOR, High Court of A.P., at Hyderabad.

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...RESPODENT

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Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to aggrieved by the filing of the Complaint under sec.340 r/w 195 (1) (b) of the Cr.P.C. by the Spl. Judge for SPE & ACB Cases, Vijayawad which is numbered as CC.No. 317/2005 on the file of the III Addl. Chief Metropolitan Magistrate, Vijayawada.

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IA NO: 1 OF 2005(CRLAMP 1680 OF 2005

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioner / accused in CC.No. 317 of 2005 on the file of the III Chief Addl. Metropolitan Magistrate, Vijayawada, pending disposal of the Crl.A in this Hon'ble Court. IA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant stay of all further proceedings including appearance of the petitioner in cc. 317/2005 on the file of the court of III Additional Chief Metropolitan Magistrate, vijayawada pending disposal of the Crl.A. 1453/2005 Counsel for the Apellant:

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1.SREEKANTH REDDY AMBATI

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Counsel for the Respodent:

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1.A GAYATRI REDDY

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

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CRIMINAL APPEAL No.1453 of 2005

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JUDGMENT:

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Heard Sri J. V. Siva Sai, learned counsel representing Sri Sreekanth Reddy Ambati, learned counsel for the appellant, and Sri S. Syam Sunder Rao, learned Standing Counsel – cum - Special Public Prosecutor for ACB, appearing for the respondent-State.

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Learned counsel representing the appellant submits that the present criminal appeal was preferred challenging the order dated 02.02.2005 passed by the learned Special Judge for SPE and ACB Cases, Vijayawada, in C.C. No.12 of 2000, wherein the learned Special Judge directed that a complaint be made to the learned Metropolitan Magistrate or the Magistrate of the First Class having jurisdiction against the appellant for committing an offence under Section 211 of the Indian Penal Code, by exercising powers under Section 340 read with Section 195(1)(b) of the Code of Criminal Procedure.

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Pursuant to the said order dated 02.02.2005, a complaint was filed against the appellant under Section 340 read with Section 195(1)(b) of Cr.P.C. for the offence under Section 211 of IPC, which was taken on file as C.C. No.317 of 2005 on the file of the learned III Additional Chief Metropolitan Magistrate, Vijayawada. The said case

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was disposed of on 20.01.2025. In view of the same, the cause in the present criminal appeal does not survive for further adjudication and

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the criminal appeal has become infructuous.

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