Extracted from the PDF above. The PDF is authoritative.
APHC010233822022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No. 3770 of 2022 Between: D.Adi Lakshmi ...PETITIONER/ACCUSED AND The State of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. SAI GANGADHAR CHAMARTY Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioner/A.1, seeking to quash the Proceedings against her in Crime No.366 of 2021 on the file of IV Town Police Station, Visakhapatnam, registered for the offences punishable under Sections 427, 448, 323 and 506 read with 34 of the Indian Penal Code2
2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the Petitioner/A.1 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner herein is nothing to do with the offence and a false case has been lodged against her as an arm twist to settle the civil score in the civil suit filed by
1. For short ‘the Code’
2. For short ‘ IPC’
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respondent No.2 against the Petitioner. Learned counsel would submit that it is improbable to believe that the Petitioner committed theft in the house of respondent No.2 and that continuation of criminal proceedings against the Petitioner is an abuse of process of law. 4. On the other hand, learned Assistant Public Prosecutor would submit that after due investigation, Police filed Charge Sheet before the Trial Court and it is numbered as CC No.493 of 2023 and that there is a verifiable material which needs full-fledged trial and finally submits that it is not a fit case for quashment of the proceedings against the Petitioner and prays for dismissal of the Petition. 5. Considering the submissions and on a perusal of the material on record, prima facie there is a material attracting the ingredients of the offences lodged against the Petitioner. Police after due investigation filed charge sheet against the Petitioner. Admittedly, civil suit is pending between the parties.
In that view, quashment of the case against the Petitioner is not justified since the matter required full length of trial and then only the truth or otherwise of the matter would reveal. It is not a fit case to exercise the powers under Section 482 of the Code and the Criminal Petition deserves dismissal. 6. In the result, the Criminal Petition is dismissed. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No. 3770 of 2022
27.01.2025
Mjl /*