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2025 DAILYLAW 18420 (AP)

PALA UTHEJ KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/5320/2025 · 2025-05-07

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

a IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5320 OF 2025 Between: Pala Uthej Kumar, S/o Pala Chandra Sekhar, Aged about 28 years, Hindu, Occ; Private Employee R/o H.No.01/74, Near New RTC Bustand, Chitvel, Presently residing at S.V Nagar, Near Union Bank, Rajampeta Town and Mandal, Annamayya District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, rep.by its Public Prosecutor, High Court of A.P at Amaravati. 2. Pasala Prasanna Kumari, D/o.Yohan, Aged about 29 years, Oc Software, R/o Lingapuram Village,Proddatur Mandal, Presently residing at Ankalamma Street, MydukurTown and Mandal, Kadapa District, A.P State, PIN-516172. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to the proceedings in S.C.No.55 of 2024 on the file of the court of the IV Additional District Judge-cum-SC ST Court, Kadapa and quash the same. LA. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay all further proceedings in S.C.No.55 of 2024 on the file of the court of the IV ‘ r Additional District Judge- cum-SC ST Court, Kadapa including appearance of the petitioner, pending disposal of the quash petition, j*. ^ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B S REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of - the Respondent No. 1 The Court made the following: ORDER » - 1 CRLP. No.5320 of 2025 APHC010254372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5320/2025 Between: Pala Uthej Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1.BS REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: / I 2 CRLP. No.5320 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5320 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2'^'^ respondent. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as accused in S.C.No.55 of 2024 pending on the file of the IV Additional District Judge-cum-SC & ST Court, Kadapa, for alleged offences under Sections 376 and 420 of the Indian Penal Code and Section 3(1 )(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 3. It is submitted that the allegations under Section 376 of the Indian Penal Code are not sustainable as it was a consensual relationship. 4. The police have completed the investigation and filed a charge sheet, recording the statements of 11 witnesses, including the statement of the victim under Section 164 of the Code of Criminal Procedure. 5. Since the allegations involve questions of fact to be dealt with by the trial court, this Court finds no grounds to interfere. However, the petitioner is at liberty to raise all these grounds in the criminal proceedings before the trial court. 3 CRLP. No.5320 of 2025 6. Accordingly, the criminal petition stands dismissed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. SDI- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The IV Addl. District Judge - Cum- SC, ST Court, Kadapa. 2. The Station House Officer, Proddatur Rural PS, Proddatur, YSR Kadapa District. 3. One CC to SRI. B S REDDY, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies PRK HIGH COURT DATED:08/05/2025 ORDER CRLP.No.5320 of 2025 DISMISSING THE CRIMINAL PETITION