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2025 DAILYLAW 10343 (AP)

PITHANI VENU GOPALA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2843/2025 · 2025-03-18

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2843 of 2025 Between: 1. Pithani Venu Gopala Rao, S/o. Surya Rao, Aged about 56 years, R/o. D.No.79-2-20/1, Vadrevu Nagar, Syamala Nagar, Rajamahendravaram, East Godavari District, Andhra Pradesh. 2. Pithani Venkata Subramanyam, S/o. Surya Rao, Aged about 50 years, R/o. 18-12-75/3, Samalkot Town and Mandal, Kakinada District, Andhra Pradesh. ...Petitioners/Accused Nos.3 & 4 AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court at Amaravathi. 2. Ulisetti Satya Devi, W/o. Rammohan, Aged about 62 years, R/o. D.No.2-44-1/60, Venkat Nagar, Kakinada, Kakinada District, Andhra Pradesh ...Respondents Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.96/2023 on the file of the Hon'ble Special Mobile Judicial First Class Magistrate, Kakinada for the offences U/Sec 447, 427, 506 r/w 34 of IPC. I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of petitioners in C.C.No.96/2023 on the file of the Hon’ble Special Mobile Judicial First Class Magistrate, Kakinada for the offences U/Sec 447, 427, 506 r/w 34 of IPC during pendency of criminal petition. .i This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G VV S Vara Prasad, Advocate for the Petitioners and the Public Prosecutor behalf of the Respondent No.1 and none appeared for the Respondent No.2. on The Court made the following: APHC010117702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2843/2025 Between: Pithani Venu Gopala Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.G VVS VARA PRASAD Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2843 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.3 and A.4 in C.C. NO.96 of 2023 on the file of the Special Mobile Judicial First Class Magistrate, Kakinada, for the alleged offences under Sections 447, 427, 506 read with Section 34 of the Indian Penal Code, 1860. 3. It is submitted that the petitioners are alleged to have trespassed into the property of the de facto complainant and also damaged the iron fencing, etc. The learned counsel further submits that the petitioners' role was not stated by any of the witnesses except the 2"^ respondent/ de facto complainant. 4. Considering the submissions, this Court is inclined to dispose of the criminal petition, by dispensing with the presence of the petitioners/A.3 and A.4 in C.C. No.96 of 2023 on the file of the Special Mobile Judicial First Class Magistrate, Kakinada, subject to filing an undertaking to appear before the learnetJ Magistrate as and when required for the purpose of the trial. 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if petition shall stand closed. any, pending in the criminal Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Mobile Judicial First Class Magistrate, Kakinada, East Godavari District. The Station House Officer, Sarpavaram Police Station, East Godavari District. One CC to Sri G.V.V.S. Vara Prasad, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] Three CD Copies 2. 3. 4. 5. TK HIGH COURT TK DATED:18/03/2025 ORDER CRLP.No.2843 of 2025 g 02 APR 2025 '^i -Lv Current Section ov w DISPOSING OF THE CRIMINAL PETITION