BIKKAVOLU LAKSHMANA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/5658/2025 · 2025-06-23
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19417 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19417 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010271822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iT TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5658 OF 2025 Between:
1. Sri Bikkavolu Lakshmana Rao, S/o Nagarjuna, Aged 32 years, R/o D.No.5-197-8/1, Poultry Farm Colony, Kuthukuluru Village, Anaparthi Mandal, Andhra Pradesh. 2. Sri Karri Srinivasa Reddy, S/o Satyanarayana Reddy, Aged 37 years, Anaparthi Mandal, Andhra R/o D.No.2-16, Kuthukuluru Village Pradesh. 3. Sri Palivela Sathibabu, S/o Yedukondalu, Aged 36 years, R/o D.No.2- 116, Street Kuteswara Colony. Kuthukuluru Village, Anaparthi Village, Andhra Prades ...Petitioners/AI to A3 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravati, Guntur District., Through SHO, Rayavaram Police Station, East Godavari District. ...Respondent
2. Sri Sathi Udaya Prakash Reddy, S/o Venkata Reddy, Aged 40 years, Occ. Lecturare in GBR Degree College Anaparthi Village and Mandal, R/o Konkuduru Village, Biccavole Mandal, East Godavari District. ...Respondent No.2/Defacto Complainant
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in S.C. No. 129 of 2023 on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District against the petitioners/AI to A3 alleged to have committed the offences punishable under Sections 341, 307, 326, 120(B) r/w 109 IPC in Cr. No.117/2020 of Rayavaram Police Station was committed to Sessions under section 209 Cr.P.C. by Judicial 1 PRC No.20 of 2022. Class Magistrate, Anaparthi vide lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all the proceedings in S.C. No. 129 of 2023 on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District against the petitioners/AI to A3 alleged to have committed the offences punishable under Sections 341, 307, 326, 120(B) r/w 109 IPC in Cr. No. 117/2020 of Rayavaram Police Station committed to Sessions under section 209 Cr.P.C. by Judicial 1®* class Magistrate, Anaparthi vide PRC No.20 of 2022 till the disposal of this Criminal Petition.
Counsel for the Petitioners: SRI VENKAT CHALASANI Counsel for the Respondent No.1: PUBLIC PROSECUTOR The Court made the following order:
[3457] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5658 OF Between;
1. BIKKAVOLU LAKSHMANA RAO, Slo Nagarjuna, Aged 32 years, R/o D.No.5- 197-8/1, Poultry Farm Colony, Kuthukuluru Village, Anaparthi Mandal, Andhra Pradesh. 2. Sri Karri Srinivasa Reddy, S/o Satyanarayaria Reddy Aged 16, Kuthukuluru Village, Anaparthi Mandal, Andhra Pradesh. 3. Sri Palivela Sathibabu,, S/o Yedukondalu, Aged 36' Kuteswara Colony. Kuthukuluru Village, Anaparthi Village 37 years, R/o D.No.2- years, R/o D.No.2-116, Street , Andhra Pradesh. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, of A.P., Amaravati, Guntur District., Through SHO, Rayavaram Police East Godavari District. High Court Station,
2. Sri Sathi Udaya Prakash Reddy,, S/o Venkata Reddy, Aged ■ Lecturare in GBR Degree College Anaparthi Village and Mandal, Village, Biccavole Mandal, East Godavari District. 40 years, Occ. j R/o Konkuduru ...RESPONDENT/COMPLAINANTS The Court made the following:
\
ORDER:- The learned counsel for the petitioners submits that the petitioners are quashing the SC.No.129 of 2023 on the file of Senior Civil Judge, Ramachandrapuram, East Godavari District. I It is submitted that even as per the allegations in the complaint or in the charge sheet, the offence under Section 307 of I PC cannot be made out against the petitioners.
2. I I Heard the learned counsel for the petitioners and the learned Assistant
3. Public Prosecutor.
4. This Court is of the view that these are all triable issues, which the trial Court would have to decide during the course of trial.
5. Considering the nature of allegations and the investigation done by the police, this Criminal Petition is disposed off. However, it is left open for the petitioners to raise all these grounds before the trial Court. The petitioners are at liberty to file a discharge petition seeking discharge of the accused in S.C. No. 129 of 2023. The learned Sessions Court shall consider the same on its merits, without being influenced by any observations made by this Court in the present petition. As a sequel, miscellaneous petitions pending, if any, shall stand closed. own Sd/- M SRINIVAS ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To,
1. The Senior Civil Judge Court, Ramachandrapuram, East Godavari District, A.P.
2. The Judicial Class Magistrate, Anaparthi, East Godavari District, A.P.
3. The Station House Officer, Rayavaram Police Station, East Godavari District.
4. OneCCto Sri. Venkat Chalasani, Advocate [OPUC
5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT]
6. Two CD Copies sree r. r- f •if:
\ HIGH COURT DATED:24/06/2025
ORDER CRLP NO. 5658 OF 2025 X 25 SEP ^ Current Secuon ^ ^^.PesPATC'^ DISPOSING OF THE CRIMINAL PETITION