Andhra Pradesh High Court – Amravati
Shaik Khader Basha Chota vs State Of Andhra Pradesh on 24 December, 2024
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APHC010280692022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FOURTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 4670/2022
Between:
Shaik Khader Basha @ Chota ...PETITIONER/ACCUSED
AND
State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. NIMMAGADDA REVATHI
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
ORDER:
The instant petition under Section 482 of the Code of Criminal
Procedure, 1973 (in short “Cr.P.C.”) has been filed by the petitioner/Accused
No.1, seeking to quash the order dated 25.05.2022 passed in Crl.M.P.No.75
of 2022 in Crl.M.P.No.27 of 2022 in P.R.C.No.10 of 2018 in Crime No.12 of
2021 of Tsundupalli Police Station, Annamayya District on the file of the court
of V Additional District and Sessions Judge, Rayachoty.
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2. Heard Ms.Nimmagadda Revathi, learned counsel for the petitioner and
Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the
State.
3. Learned counsel for the petitioner would submit that in the present
case, A3 died. The case against the A2 and A4 was ended in acquittal. A1 left
for Kuwait for Eleven years that is why, the case against him is split up. He
was granted anticipatory bail. He has requested the court to return his
Passport to leave for Kuwait, that was dismissed. Aggrieved thereby, the
present petition is filed.
4. Learned Assistant Public Prosecutor would submit that A1 is facing
charge under Section 302 of IPC. If he is permitted to leave the country, it is
difficult for the prosecution to secure his presence. The case is committed to
the Sessions Court. At this stage, interference of this Court is not warranted.
5. Considering the submissions made and on perusal of the material on
record, as rightly put by the learned Assistant Public Prosecutor, the petitioner
is facing charge under Section 302 of IPC. That apart, the case against A2
and A4 was ended in acquittal. As the petitioner is not available for 11 years,
the case against him is split up.
6. In that view, the impugned order does not brook any interference of this
Court.
7. In the result, the Criminal Petition is dismissed.
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As a sequel thereto, miscellaneous petitions pending, if any, shall stand
closed.
______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 24.12.2024
UPS
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HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.4670 of 2022
Dt.24.12.2024
UPS