Surineni Renukaiah vs The State Of Andhra Pradesh
2022 Latest Caselaw 5832 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: Crl.P.No.6234 of 2022

PROCEEDING SHEET Sl. OFFICE DATE ORDER No NOTE.

6. 30.08.2022 NJS, J                                                         Transfe
                       Heard arguments of learned Assistant Public           rred to
                                                                             io
               Prosecutor, who inter alia places reliance on the             folder
               decision of Hon'ble Supreme Court reported in                 before
                                                                             correcti
               Sanjay Kumar Rai v. State of Uttar Pradesh and                ons.
               Another, 2021 SCC On Line SC 367. It is his                   B/o.

submission that in view of the said decision, only in exceptional circumstances/cases, powers of the Court under Section 482 Cr.P.C., can be exercised. He submits that when the petitioner has an alternative remedy against the Order passed by the Trial Court in dismissing the discharge petition, the petitioner has to invoke the same and the present Criminal Petition is not maintainable.

The learned Assistant Public Prosecutor, also submits that as the petitioner has submitted a notarized affidavit mentioning his date of birth, it is deemed that he is well aware of the Original Date of Birth, though the petitioner's name has not been recorded in the Birth Certificate, which according to the prosecution is 11.01.1993. The learned Assistant Public Prosecutor also submits that the recent Order, dated 12.08.2022 in Criminal Petition No.3119 of 2022 and Criminal Revision Case No.301 of 2022, the learned Judge of this Court referred the matters for consideration by a Division Bench as to the maintainability of petitioner under Section 482 of Cr.P.C., vis-à-vis the judgment of Hon'ble Supreme Court in Prabhu Chwla v. State of Rajasthan and Another, (2016) 16 SCC 30.

Orders Reserved.

_____ NJS, J BLV