LAWS(APH)-2023-9-45

PATTIVADA BALAJI Vs. STATE OF ANDHRA PRADESH

Decided On September 23, 2023
Pattivada Balaji Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard Smt. Vallabhaneni Sireesha, learned counsel representing Sri Srinivasa Rao Velivela, learned counsel for the petitioner and Sri Y.Jagadeeswara Rao, learned Special Assistant Public Prosecutor representing respondent.

(2.) This criminal petition is filed under Sec. 482 of the Code of the Criminal Procedure, 1973 (for brevity "CrPC") to quash the Order, dtd. 20/2/2020 rendered by XIV Additional Metropolitan Magistrate, Nandigama in Crl.M.P.No.3828 of 2019 in C.C.No.694 of 2018.

(3.) The contention of the petitioner is that the impugned order is not maintainable in law as the learned Magistrate did not consider the fact that the prosecution is trying to fill up the lacunae in their case during the trial by introducing new witnesses.