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2025 DAILYLAW 17262 (AP)

Kakarlapudi Narasa Raju v. The State of Andhra Pradesh

CRLP/4042/2021 · 2025-02-04

V Sujatha

body2025

Judgment text

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APHC010234982021 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 4042/2021 Between: Kakarlapudi Narasa Raju and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1. THANDAVA YOGESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 4042/2021 Kakarlapudi Narasa Raju and ...PETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): THANDAVA YOGESH Counsel for the Respondent/complainant(S): PROSECUTOR (AP) [3333] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT(S) 2 The Court made the following Order: This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings against the petitioners/accused Nos.1, 4, 7 to 9 in Crime No.123 of 2021 on the file of Ulavapadu Police Station, Prakasam District registered for the offences punishable under Sections 354, 323, 506, 509 r/w 34 IPC. 2. Today, when the matter came up for hearing, learned Assistant Public Prosecutor has furnished a copy of the instructions of Sub-Inspector of Police, Ulavapadu Police Station, wherein it is stated that on 10.07.2021, the Investigating Officer served a notice under Section 41-A Cr.P.C to A.1, A.7 to A.11 on their surrender in the Police Station. However, during the course of investigation, as per the orders of SDPO, Kandukur the names of the alleged accused A.2 to A.6 were deleted vide proceedings in C.No.37/DELETE/SDPO-K/2021, dated 18.11.2021 and further stated that a charge-sheet was filed on 06.12.2021 against the petitioners/A.1, A.7 to A.9 along with other accused before competent Criminal Court and the same is yet to be numbered. 3 3. As per the said instructions of the learned Assistant Public Prosecutor, it can be seen that during the course of investigation, as per the orders of SDPO, Kandukur the names of the accused Nos.2 to 6 were deleted vide proceedings dated 18.11.2021. As such, this court is of the opinion that the criminal proceedings can be quashed as against accused No.4/Petitioner No.2 alone. But, however, with regard to accused Nos.1, 7 to 9, as already a charge sheet has been filed on 06.12.2021 along with other accused before the competent criminal court but the same is yet to be numbered. As such, instead of keeping the criminal petition pending this Court feels it appropriate to dispose of the petition by directing the police to ensure that the charge-sheet filed against the accused Nos.1, 7 to 9 is numbered as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. 4. Accordingly, with the above direction, the criminal petition is partly allowed and the proceedings in C.No.37/DELETE/SDPO- K/2021 dated 18.11.2021 are hereby quashed in respect of the petitioner No.2 only. Further the police are directed to ensure that the charge-sheet filed against the accused Nos.1, 7 to 9 is numbered as expeditiously as possible preferably within a period 4 of three months from the date of receipt of a copy of this order. Till such time, the police are directed not to take any coercive steps as against accused Nos.1, 7 to 9. Miscellaneous applications pending, if any, in this petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 04.02.2025 KKV 5 440 THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 4042/2021 Date: 04.02.2025 KKV 6