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2025 Supreme(Online)(AP) 9247
HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
KamalaPadu VenkateSulu – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRLP NO'. :N427 OF 2025
For the Appellants/Petitioners: Sri JANGAM VENKATA SIVA SAl
For the Respondents: PUBLIC PROSECUTOR
The High Court has the authority to grant interim stays under Section 482 of the Criminal Procedure Code to ensure rights protection in ongoing legal proceedings.
Headnote:(A) Criminal Procedure Code - Section 482 - Criminal Petition filed for stay of further proceedings in a lower court matter - High Court grants interim stay on appearance for the petitioners pending disposal of the CRLP - Court directs issue of notice to the respondents to show cause - Emphasizes the importance of judicial review in maintaining the integrity of ongoing proceedings. (Paras 1, 2)
(B) Judicial Review - Scope and Purpose - The court highlights that its role is to ensure fair trial and protect the rights of the accused - The necessity of scrutinizing lower court proceedings underpins the application of section 482 in preserving justice and preventing misuse of legal processes. (Para 1)
Facts of the case:
The petitioners sought a stay on proceedings against them in a case pending before the Additional Junior Civil Judge, which they argued could infringe upon their rights.
Findings of Court:
The court granted an interim stay of appearance for the petitioners while issuing notice to respondents - This ensures that the petitioners are not prejudiced before the resolution of their petition before the High Court.
Issues: The primary issue was whether the petitioners' request for a stay on further proceedings should be granted pending the outcome of the petition.
Ratio Decidendi: The court identified the importance of allowing due process and protecting the rights of individuals involved in lower court s proceedings while under review.
Result: Interim stay granted.
| Table of Content |
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| 1. importance of judicial review and protection of rights. (Para 2) |
counsel for the Respondent Moll :PUBLIC PROSECUTOR \\ \ir petitIOn under section 528 of BNSS, 2023(SectI-On 482 of cr.p.c), prayl-ng that jn the, cI|rCumstances stated I'n the memorandum of grounds fIled ln support of the crlmlnal PetltI'On, the HIgh Court may be pleased to grant stay a" further proceedings agal'nst the petI'tjOners/Accused No. 2 to 5 jn c c No 1235of 2024 on the flle of Addl Junlor clvlI Judge court Badvel Kadapa dlstrlct , pendlng dISPOSal of CRLP No 6427 of 2025, on the flle of the Hlgh Court.
The court whl|Ie dl'rectjng issue of notice to the Respondents hereln to show cause as to why thls applicatI|On Should not be complied with, made the followllng order.(The receipt of thlls order wm be deemed to be the recel-pt of notice I'n the case).
ORDER [fHeard.
There sha" be stay of appearance for the petjtjoners, jn c.c.No.1235 of 2O24, on the file of the Additional Jum-or cI-V" Judge o?ffo ttuhheit ep' peBtjetaItI=ot:noee:'re(:=s:)= Ie-pSra ar~eDq.'ul.:i_rte:EdJ Cfo±,r e t::hee; - ip-au: r`ptuo=:s `e:V oafl: etar:j auwfIu"hnelnO rthG:v:lreJsuedngcee SD/-K. KASIRAQ ACHAR!
//TRUE COPY// ASSISTA ISTRAR SECTI To, CER
1. The AddL CI-V" Judge (JunI-Or Djvl'sion), Badvel, Kadapa dI-Strict
2. Ganugapenta Njharlka, D/o. sreenIVaSulu W/o v.KIShore SagarAged about 30 years, R/o pavagada vIIlage Tumkur djtrjct Karnataka state Now at NCO Colony Badvel town ysR Kadapa dl'strl'ct( By RPAD)
3 One cc to SRI. JANGAM VENKATA SIVA SAI Advocate [opucJ
4. Two cos to the puBL'C PROSECUTOR, HI'gh Court ofA P [opucJ
5. One spare copy PSk i- _
