In a petition filed under Section 482 of the Criminal Procedure Code, 1908 (CrPC)[1] before the Andhra Pradesh High Court to stay the operation of Office Memorandums/Order dated 23-08-2025 as well as the order dated 06-09-2025 by the Special Court for SPE & ACB Cases, Vijaywada, a Single Judge Bench of Justice Venkata Jyothirmai Pratapa partly allowed the petition while quashing the order dated 06-09-2025 and directed the respondents to surrender before the Special Judge.
The State submitted that the charge sheet for the crime in the subject matter had been filed with the CID Police Station and that the office of the Special Judge for SPE & ACB Cases cum III Additional District Judge, Vijayawada, issued an official memorandum dated 23-08-2025 listing 21 defects for compliance. It was submitted that the points raised in the memorandum regarding the charge sheet and relevant material were available on record before the Court.
The State also mentioned that the judgment in Ritu Chhabaria v. Union of India 2023 SCC OnLine SC 502, referred to in the impugned order, did not apply to the present case and that the petitioners had been remanded to judicial custody from time to time under Section 309, CrPC, after the filing of the chargesheet. It was further submitted that the present matter warranted an elaborate hearing to determine whether the charge sheet was filed merely to defeat the accused person’s right to obtain default bail or whether it was filed as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The Court noted that the issue required a comprehensive hearing into the nature of the charge sheet filed and ordered a stay of the Judge’s finding on the default bail and the official memorandum mentioned above. It was also stated that, since the accused persons were released on statutory bail by a judicial order, they were entitled to notice.
Thereafter, on 19-11-2025, the Court partly allowed the petitions, quashed the impugned order of the Special Judge, and directed the respondents to surrender before the Special Judge on or before 26-11-2025. It was clarified that the accused persons may seek regular bail, and that the observations in the present order pertained to the question of law regarding default bail.
Appearances:
For Petitioners – Mr. Sidharth Luthra, Mr. D. Srinivas
For Respondents – None
[1] Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
