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2025 Supreme(Online)(AP) 11650

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Peddireddy DastagI'ri Reddy – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No: 5558 of 2025 | C.C. No. 1225 of 2016



Advocates:
For the Appellants/Petitioners: SRI SRINIVASA KANNAMA REDDY
For the Respondents: PUBLIC PROSECUTOR

The court emphasized the right to a fair trial and allowed for a stay of proceedings against the accused, balancing legal rights and procedural efficiency.

Headnote:(A) Criminal Procedure Code, 1973 - Section 528 - Brief regarding quashing of proceedings against Accused No.1 in C.C. No.1225 of 2016 - A stay has been granted for appearance except on specific dates required by the Magistrate for trial proceedings. (Paras 5 and 6)

(B) Right to fair trial - The court determined that the delay in proceeding must be managed, thus upholding the right to a fair trial while staying the proceedings against the accused until resolved.

Facts of the case:
The petitioner is Accused No.1 in a case pending since 2016. The court is reviewing a petition for staying the proceedings under specific circumstances.

Findings of Court:
The hearing highlighted the procedural delays and the need for managing appearance dates.

Issues: The primary issue was whether to grant a stay of appearance for the accused in ongoing proceedings.

Ratio Decidendi: The court emphasized the significance of a fair trial and the right to manage procedural requirements efficiently.

Result: The appearance of the petitioner is stayed until further court direction.

/A a-, The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support the+eof and upon hearing the arguments of SRI SRINIVASA KANNAMA REDDY Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent No.1, and the Court made the following ORDER:

{fHeard learned counsel for the petitioner and learned Assistant public prosecutor appearing for the lst respondent-State.

Learned counsel for the petitioner submits that the petitioner is arraigned as Accused No.1 in C.C. No.1225 of 2016 on the file of the learned Judicial Magistrate of First Class, NandyaI, for the alleged offences under Sections 353 R/w 34 of IPC. /

Learned counsel further submits that though the charge sheet was filed in 2016, the case is now coming up for examination under section251 oftheCr.P.C. /

Considering the submissions, there shall be a stay of appearance of the petitioner/Accused No.1 in C.C. No.1225 of 2016 on the file of the learned Judicial Magistrate of First class, NandyaI, except on dates when the petitioner's presence is required, as directed by the learned Magistrate, for the purpose of the trial. /

Learned counsel for the petitioner is permitted to take out /

personal notice to the 2nd respondent by registered post with acknowledgment due and file proof of service in the Registry. f~

post the matter on 23.07.2025." ct~

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