Disposed¶38

GantIa Trinadh v. The State of Andhra Pradesh

Andhra Pradesh HC21 Jan 2026CRLRC/57/2026

Case brief

AI extract

What is this about?

Criminal Revision Case 57/2026, High Court of Andhra Pradesh at Amaravati, Dr. Justice Venkata Jyothirmai Pratapa, 22.01.2026; challenge to summons dated 13.01.2026 by Mandal Executive Magistrate, Gajuwaka in M.C.No.03/2026; disposed as premature without deciding the issue; liberty to file fresh application before appropriate forum; miscellaneous applications closed; BNSS 2023 Ss.438, 442; CrPC Ss.397, 401; CPC S.151 IAs; no precedent discussed; no monetary amount.

What did the court decide?

Liberty to the petitioners to file a fresh application before the appropriate forum according to law at appropriate time; miscellaneous applications pending, if any, stand closed. ¶38

GantIa Trinadh Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

¶1

[3396]

¶2

APHC010027202026

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶6

PRESENT

¶7

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 57/2026

¶8

Between:

¶9

GANTIA TRINADH, S/O RAMULU, AGED 43 YRS, R/O MANGALAPALEM , DUWADA SECTORII, GAJUWAKA MANDAL, VISAKHAPATNAM CITY-530046

¶10

GANTIA RAMANA MURTHY, S/O APPARAO, AGED 40 YRS , R/AT DUVVADA, GAJUWAKA MANDAL,VISAKHAPATNAM 530046

¶11

GANTIA NOOKA RAJU, S/O APPARAO, AGED 45 YRS , R/AT DUVVADA , GAJUWAKA MANDAL,VISAKHAPATNAM.530046

¶12

GANTIA SRINIVASA RAO, S/O APPALANAIDU, AGED 50 YRS , R/O MANGALAPALEM , DUVVADASECTOR II , GAJUWAKA MANDAL, VISAKHAPATNAM CITY-530046

¶13

GANTIA NAGAMANAI, W/O SANJEEVA RAO,AGED 50 YRS , R/O MANGALAPALEM , DUVVADASECTOR II GAJUWAKA MANDAL, VISAKHAPATNAM CITY-530046

¶14

GANTIA SANJEEVA RAO, S/O CHODAYYA AGED 52 YRS , R/O MANGALAPALEM DUVVADA SECTORII, GAJUWAKA MANDAL VISAKHAPATNAM CITY-530046

¶15

GANTIA MULA RAJU, S/O SODAYYA, AGED 42 YRS, R/AT DUVVADA, GAJUWAKA MANDAL, VISAKHAPATNAM 530046

¶16

...PETITIONER(S)

¶17

AND

¶18

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

¶19

¶20

PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATHI.

¶21

THE MANDAL EXECUTIVE MAGISTRATE, M.R.O.,OFFICE, GAJUWAKA, VISAKHAPATNAM.530046

¶22

...RESPONDENT(S):

¶23

Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toPleased to SetAside the impugned Summons dt.13/01/2026 issued by the 2nd Respondent in M.C.No.03/2026 by Allowing the Criminal Revision Case and pass

¶24

IA NO: 1 OF 2026

¶25

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 dispense with filing of the original certified copy of Summons in M.C.No.03/2026. dated 13/01/2026 on the file of Mandal Executive Magistrate Gajuwaka before this Hon’ble Court pending disposal of the main CrI. RC and pass

¶26

IA NO: 2 OF 2026

¶27

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 STAY of all the proceedings in M.C.No.03/2026 pending before the 2nd respondent including the appearance of the Petitioners till the disposal of the main CrI R.C.,. and pass

¶28

Counsel for the Petitioner(S):

¶29

1.R SIVA SAI SWARUP

¶30

Counsel for the Respondent(S):

¶31

1.PUBLIC PROSECUTOR

¶32

¶33

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 57/2026

¶34

JUDGMENT:

¶35

The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the legality of the impugned summons in MC.No.03 of 2026 dated 13.01.2026 issued by the 2^nd respondent to the petitioners.

¶36

Heard Mr. R.Siva Sai Swarup, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State.

¶37

Learned counsel for the petitioner would submit that this Criminal Revision Case is filed challenging the action of the Mandal Executive Magistrate in issuing notices to the petitioners directing them to appear before him to answer the charge.

¶38

Considering the submissions, this Criminal Revision Case is disposed of without causing any prejudice to the rights and contentions of the parties as this Court feels that it is a premature stage to answer this issue. However, the petitioners are at liberty to file a fresh application before the appropriate forum according to law at appropriate time.

¶39

¶40

Consequently, miscellaneous applications pending, if any, shall stand

¶41

closed.

¶42

¶43

DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶44

Date: 22.01.2026. UPS

¶45

¶46