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2025 DAILYLAW 13859 (AP)

Shaik Jaffar, v. The State of Andhra Pradesh,

CRLP/2753/2022 · 2025-01-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010169252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2753 of 2022 Between: Shaik Jaffar, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. MAHADEVA KANTHRIGALA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. SURESH KUMAR REDDY KALAVA The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners/A.1 to A.5, seeking quashment of the Proceedings against them in CC No.55 of 2020 on the file of the Court of Judicial Magistrate of First Class, Pakala, Chittoor District, for the offences 498-A, 354-B, 323, 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri Mahadeva Kanthrigala, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State and Sri Suresh Kumar Reddy Kalava, learned counsel for respondent No.2. Perused the material on record. 2 3. Learned counsel for the Petitioners would submit that Petitioner No.1/A.1 and respondent No.2 are husband and wife respectively and their marriage was performed on 11.10.2015 in the presence of elders. A.2 is the mother, A.3 and A.4 are sisters of A.1. The sisters are married long back prior to the marriage of A.1 and living with their respective families. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against them. Further, the relatives of A.1 were roped into this matrimonial offence with a view to harass them and settle the issues. 4. Learned counsel would further submit that the presence of the Petitioners may be dispensing with before the trial Court in which the calendar case is pending and the Criminal Petition may be disposed of by giving liberty to the Petitioners to raise such contentions before the trial Court in defence. 5. Considering the submissions made, the Criminal Petition is disposed of and the Petitioners are at liberty to raise the present contentions before the trial Court in their defence. However, the presence of the Petitioners 2 to 5/A.2 to A.5, who are relatives of A.1 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. So far as the Petitioner No.1/A.1 is concerned, the Criminal petition is dismissed. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 2753 of 2022 23.01.2025 Mjl /*