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  1. Home/
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  3. High Court Of Andhra Pradesh/
  4. 2024/
  5. October

Kunchapu Sivaji vs. the State of Andhra Pradesh

Decided on 29 October 2024• Citation: CRLP/6765/2024• High Court of Andhra Pradesh
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                 IN THE HIGH COURT  OF ANDHRA  PRADESH    AMARAVATI               
                    TUESDAY  ,THE TWENTY  NINETH DAY OF OCTOBER                   
                                                                              >   
                          TWO  THOUSAND  AND  TWENTY  FOUR         o              
                                                                              t!  
                                                                            c>.   
                                      PRESENT                                     
                   THE HONOURABLE   JUSTICE DR V R K KRUPA  SAGAR                 
                          CRIMINAL PETITION NO: 6765 OF 2024                      
           Between:                                                               
              1. Kunchapu Sivaji, S/o Kunchapu Venkataramana, aged                
                                                             25 years, R/o.       
                23/24,                                                            
                       Goravandlapalli, Mutukuvandlapalli,                        
                                                        Sambepalli Mandal,        
                Annamayya District.                                               
             2. Battala Raviteja                                                  
                                S/o B. Ramanaiah, aged 23 years, R/o. 28-5        
                Goravandlapalli, Devapatia, Sambepalli Mandal, Annamayya          
                                                                District.         
                                                       ...Petitioner/Accused      
                                        AND                                       
             The State of Andhra Pradesh                                          
                                     rep by its Public Prosecutor, High Court of  
             Andhra Pradesh, At Amaravati.                                        
                                                 ...Respondent/Complainant        
                Petition under Section 437 & 439 of Cr.P.C ( 480 &                
                                                             483 of BNSS)         
          praying that in the circumstances stated in the Memorandum              
                                                             of Grounds of        
          Criminal Petition, the High Court may be pleased to                     
                                                      release the petitioners     
          No. 1& 2 on bail pending investigation                                  
                                              inquiry and trial in O.R. No.       
          111/2024-25 of Sanipaya Range.                                          

                    ■% lift w '            II IW»*                                
                 This Petition coming on for hearing, upon perusing               
                                                            the Memorandum        
          •• of Grounds of Criminal Petition and upon hearing                     
                                                         the arguments of Sri     
            'D Purnachandra Reddy, Advocate for the Petitioners                   
                                                           and the Assistant      
            Public Prosecutor on behalf of the Respondent.                        
            The Court made the following: ORDER                                   

                                            1                                     
               APHC010420642024                                                   
                            IN THE HIGH COURT OF ANDHRA  PRADESH                  
                                        AT AMARAVATI                 [3365]       
                                  (Special Original Jurisdiction)                 
                     TUESDAY   ,THE TWENTY  NINETH DAY OF OCTOBER                 
                            TWO THOUSAND   AND TWENTY  FOUR                       
                                        PRESENT                                   
                    THE  HONOURABLE   JUSTICE DR V R K KRUPA SAGAR                
                             CRIMINAL PETITION NO: 6765/2024                      
              Between:                                                            
              Kunchapu Sivaji and Others                                          
                                                  ...PETITIONER/ACCUSED(S)        
                                          AND                                     
              The State Of Andhra Pradesh                                         
                                              ...RESPONDENT/COMPLAINANT           
              Counsel for the Petitioner/accused(S):                              
                 1.D PURNACHANDRA   REDDY                                         
              Counsel for the Respondent/complainant:                             
                 1.PUBLIC PROSECUTOR                                              
              The Court made the following:                                       
              ORDER:-                                                             
                   This Criminal Petition, under Sections 480 and 483             
                                                             of BNSS, 2023        
              is filed by the petitioners/A1, A2, seeking regular                 
                                                     bail in O.R.No.111/2024-     
              25 of Sanipaya Range, registered for the offences punishable        
                                                                     under        
              Sections 20(1 )(c) ii, iii                                          
                                   iv, Vi & X r/w 20(i)(d)(i), 62 of A.P. Forest  
              (Amendment) Act, 2016, Rule 3(1)of A.P. Sandal Wood                 
                                                           and Red Sanders        
              Wood Transit Rules, 1969 and Section 303(2) r/w 3(5),               
                                                           49, 61(2) of BNS,      
              2023.                                                               

                                            2                                     
              2.   On  25.10.2024 after hearing the arguments on both sides,      
                                                                         it       
              transpired whether charge sheet was filed or not. In                
                                                         those circumstances,     
              learned Assistant Public Prosecutor sought time. As                 
                                                          aconseguence, the       
              matter was adjourned and listed today.                              
              3.   Today, Sri D.Purna Chandra Reddy, learned counsel for          
                                                                       the        
              petitioner and the learned Assistant Public Prosecutor              
                                                           are in attendance.     
              They submitted that Charge Sheet was not filed and                  
                                                         since the mandatory      
              period of 60 days stood completed, learned remanding                
                                                           Court granted bail     
              by default and the petitioner is bailed. Therefore,                 
                                                      the petition has become     
              infructuous.                                                        
              4.   In the result, this petition is dismissed as infructuous.      
                   Miscellaneous petitions, if any pending, in the Criminal       
                                                              Petition, shall     
              stand closed.                                                       
                                                     SD/- SHAIK MOHD. RAFI        
                                                     ASSISTANT REGISTRAR          
                                    //TRUE COPY//                                 
    \                                                                             
     \                                                                            
                                                         SECTION  OFFICER         
           To                                                                     
              1. The Junior Civil Judge cum Judicial Magistrate of                
                                                        First Class for trial of  
                                                         Chittoor District ^      
                cases relating to Red Sander Smuggling, Tirupathi,                
              2. The Superintendent, Sub-Jail, Tirupathi, Chittoor                
                                                       District                   
              3. One CC to Sri. D Purnachandra                                    
                                          Reddy Advocate [OPUC]                   
                Iraravam?[OUT"r'"                                                 
                                                             Pradesh at           
             5. Three CD Copies                                                   
              Stu                                                                 
              vna                                                                 

                                                                          v^'     
             High   court                                                         
            .•D^TED:29/10/2024                                                    
               k                                                                  
             ■r?-,-: ■.                                                           
            ORDER                                                                 
            CRLP.No.6765      of 2024                                             
           DISMISSING     THE   CRLP    AS  INFRUCTUOUS