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2025 DAILYLAW 17824 (AP)

Yallapragada Ram Gopal, v. The State of Andhra Pradesh,

CRLP/5169/2025 · 2025-05-06

Harinath N

body2025

Judgment text

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I 6 fS ^ f IN THE HIGH COURT OF ANDHRA PRADESH :: WEDNESDAY ,THE SEVENTH DAY OF MAY l/of^ TWO THOUSAND AND TWENTY FIVE ^ ^ PRESENT AMAR aA ’*/ T3 'f£‘ o THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: fi169 OF 2n?fl Between: Yallapragada Ram Gopal, S/o. Venkata Narayana, Aged Employee, R/o, H.No. 11-100, Cherukupalli, Guntur, 31 years, Occ. Andhra Pradesh. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by The Public Court, Amaravathi, Guntur District. Prosecutor, High ...Respondent. 2. Chintabattuni Lavanya, W/o. Late Koteswara r Gullapalli Village, 1-185B,Cherukupalli Mandal Pradesh. Rao, Aged 39 years, R/o. I, Bapatia District, Andhra ..Respondent/ Defacto Complainants Petition under Section 528 of BNSS praying that in the - of Criminal Petition circumstances stated in the Memorandum of Grounds the High Court may be pleased to quash the crimirral proceedings initiated against the petitioner in S.C. 141/S of 2024 (arising out of FIR No. 160 /2024 dated 28.07.2024) on the file of Hon ble Court of AddI Sessions Court ■ District and cum Special Sessions Court for SC/ST under section 528 of Bharatiya Nagarik Suraksha Cases Guntur, Sanhitha (BNSS). I.A. NO: 1 OF 2025 Petition 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 may be stay all further proceedings in S.C. 141/S of 2024 on the file of Hon’ble Court of Addl. District and Sessions Court cum Special Sessions Court for SC/ST Case against the petitioner herein. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAGHAVA YATHIRAJU ,Advocate for the Petitioner Prosecutor (TG/AP) on behalf of the Respondent No.1. The Court made the following: ORDER and the Public 1 HN, J Crlp.No.5169_2025 APHC010245372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5169/2025 Between: Yallapragada Ram Gopal, ...PETITIONER/ACCUSED , AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. RAGHAVA YATHI RAJ U Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HN, Crlp.No.5169_2025 The Court made the following Order: The petitioner is arraigned as an accused in S.C.No.141/S of 2024 (arising out of FiR No.160 of 2024), on the fiie of the Additional District and Sessions Court-Cum-Speciai Sessions Court for SC/ST Cases Section 528 of the BNSS. 1. Guntur, under 2 It is submitted that the petitioner has been falsely implicated in the case. The petitioner is working as a Junior Assistant in the Electricity Department. Prior to this, he was employed as a school teacher. The 2'"'' respondent’s daughter was then studying Intermediate, and the petitioner was providing her guidance with respect to higher studies, financial support to the 2"^^ respondent’s daughter. 3. it is further submitted that the 2“ respondent's eider daughter was pursuing an MBBS degree in Khazakisthan. When she was about 25 years old, the petitioner proposed to marry the 2" respondent’s elder daughter, the said In that context, he also extended proposal was rejected by the 2^^ respondent on the ground that the petitioner and the 2"^^ respondent belonged to different casts. It is alleged that the petitioner insulted the 2""' respondent in the name of caste, following which the 2'^'^ respondent filed a complaint. 4. The learned counsel for the petitioner submits that. even as per the allegations in charge sheet, the alleged incident took place on 30.09.2024 at about 5:30 PM at Cherukupalli Center. It is alleged that at that time, the petitioner was following the 2"'^ respondent, insulted LW1 (the listed witness) in a public place and in public view, abused him in the name of caste, and w 3 HN, J Crlp.No.5169_2025 threatened to kill LW2 if she refused to marry him. Based on the said complaint, the police registered a case and filed a charge sheet. It is further submitted that the points raised by the petitioner are questions of law, which must be considered by the trail Court during the course of trial. 5. Accordingly, this Court, without going into the merits of the matter, leaves it open for the petitioner to raise all such grounds before the trial Court when the matter is taken up for trial. Accordingly, the Criminal Petition is disposed off. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- M SRINIVAS ASSJSTANT REGISTRAR //TRUE COPY// SECnON OFFICER To, The Addl.District and Sessions Judge cum Special Sessions court for SC/ST cases Guntur, Guntur District.. 2. One CC to Sri. Raghava Yathiraju Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh. 4. Three CD Copies AL HIGH COURT DATED:07/05/2025 ORDER 5 3 (I AU6 2025 ; CRLP.No.5169 of 2025 % Current Section ^espATC«^ DISPOSING THE CRL PETITION