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2025 DAILYLAW 19530 (AP)

MALLI NIRMALLA v. THE STATE OF ANDHRA PRADESH

CRLP/4370/2024 · 2025-07-23

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010274112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4370 OF 2024 Between: 1. Malli Nirmalla, W/o. Janardhan, aged about 47 years, R/o. Chammandivati Thota, Mulapet, Nellore City. 2. Malli Arjun, S/o. Janardhan, aged about 25 years, (aged about 43 years as per charge-sheet), R/o. Chammandivati Thota, Mulapet, Nellore City. 3. Malli Anil @ Akhil, S/o. Janardhan, aged about 31 years, R/o. Chammandivati Thota, Mulapet, Nellore City. ...Petitioners/Accused Nos. 1 to 3 respectively AND The State of Andhra Pradesh, (Nellore I Town Police Station, Nellore City) Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati Padma Uppu, W/o. Baskar, aged about 36 years, R/o. Battepadu Village, Atmakur Mandal, Nellore City, SPSR Nellore District. ...Respondents/Defacto Complainant 1. 2. 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 to quash the C.C.No.719 of 2023 dated 13.02.2023 on the file of II Additional Judicial Magistrate of First Class, Nellore. lA NO: 1 OF 2024 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 to stay all the proceedings in the C.C.No.719 of 2023 dated 13.02.2023 on the file of II Additional Judicial Magistrate of First Class, Nellore pending disposal of this criminal petition. Counsel for the Petitioners: Sri Ancha Panduranga Rao Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: -- The Court made the following Order: If r APHC010274112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY.THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4370/2024 Between: 1.MALLI NIRMALLA, W/O. JANARDHAN, AGED ABOUT 47 YEARS, R/0. CHAMMANDIVATI THOTA, MULAPET, NELLORE CITY. 2.MALLI ARJUN,, S/0. JANARDHAN, AGED ABOUT 25 YEARS, (AGED ABOUT 43 YEARS AS PER CHARGE-SHEET), CHAMMANDIVATI THOTA, MULAPET. NELLORE CITY. 3.MALLI ANIL @ AKHIL,, S/0. JANARDHAN, AGED ABOUT 31 YEARS, R/0. CHAMMANDIVATI THOTA, MULAPET, NELLORE CITY. ...PETITIONER/ACCUSED(S) R/0. AND 1.THE STATE OF ANDHRA PRADESH, NELLORE I TOWN POLICE STATION, NELLORE CITY) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2.PADMA UPPU, W/O. BASKAR. AGED ABOUT 36 YEARS, R/0. BATTEPADU VILLAGE, ATMAKUR MANDAL. NELLORE CITY. SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the C.C.No.719 of 2023 dated 13.02.2023 on the file of II Additional Judicial Magistrate of First Class, Nellore and to pass lA NO: 1 OF 2024 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 pleased to stay all the proceedings in the C.C.No.719 of 2023 dated 13.02.2023 on the file of II Additional Judicial Magistrate of First Class, Nellore pending disposal of this criminal petition and to pass Counsel for the Petitioner/accused{S): 1.ANCHA PANDURANGA RAO Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4370/2024 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/, has been filed by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings pending against them in C.C.No.719 of 2023 on the file of II Additional Judicial Magistrate of First Class, Nellore for the offences punishable under Sections 148, 452, 324, 354, 506 r/w 149 I PC. 2. Heard Sri Ancha Panduranga Rao, learned counsel for the Petitioners/AccusedNos.1 to 3 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners, by dispensing the presence of the petitioner/Accused,before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Considering the submissions made, the Criminal Petition is disposed of. 5. However, the presence of the petitioners/Accused Nos.1 to 3 before the Trial Court is dispensed with unless their presence is specifically directed by the w 4 Trial Court. However, the petitioners are at liberty to raise all his contentions before the Trial Court in his defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Station House Officer, Nellore I Town Police Station, Nellore City, Nellore District. One CC to Sri Ancha Panduranga Rao, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. GPC VNA w HIGH COURT DATED: 24/07/2025 ORDER CRLP NO. 4370 OF 2024 DISPOSING OF THIS CRIMINAL PETITION