SRI BURRU VENKATARAMANA @ BURRU VENKATARAMANAIAH v. AGAMUDI GAYATRI
CRLRC/609/2023 · 2025-02-14
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23323 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23323 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI FRIDAY ,THE FOURTEENTH DAY OF FEBRUA TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL REVISION CASE NQ: 609 OF 202.? Revision filed under Section 397 and 401 of Cr.P.C aggrieved the
order dated 18-04-2023 passed in Criminal Revision Petition No. 12/2023 by the Court of III Additional Sessions Judge, Rajampet aside the order dated 17-11-2022 C.C.No. 111/2021 by the Judicial Magistrate Kadapa. Between; Kadapa setting passed in CrI.M.P. No. 439/2022 in First Class. RIy Kodur. Sri Burru Venkataramana @ Burru Venkafaramanaiah. S/o Rama chandraiah, aged 46, R/o D. No. r Town and Mandal, YSR Kadapa District. 8/35, Ram Nagar, Railway Kodur ...Petitioner/Respondent/ Petitioner/Accused No.4 AND
1. Agamudi Gayatri, W/o Lingeswar Yadav, aged 33, R/o Ram Nagar Railway Kodur Town and mandal, YSR Kadapa District. Presently residing at D. No. Tirupati (Urban). Chittoor District. 18-1-357, 2nd Floor, Bhavani Nagar
2. The State of Andhra Pradesh, Rep. by Inspector of Police, Disha Woman U/G PS , YSR Kadapa District, Rep. by Public Prosecutor, High Court of AP. ...Respondent/Respondent/ Respondent/Complainant lA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all the further proceedings in CC No 111/2021 on the file of Judicial Magistrate First Class, RIy Kodur, Kadapa pending disposal of the criminal revision petition. *CC number and court name is amended as per the Court Order dated 14.02.2025 in I.A No.02/2023 in CRL.RC NO. 609 of 2023 Counsel for the Petitioner: Sri. P Sai Surya Teja Counsel for the Respondent No.1: Ms. Adarshitha Kilaru Counsel for the Respondent No.2: Public Prosecutor The Court made the following:
APHC010329342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 609/2023 Between: Sri Burru Venkataramana @ Burru Venkata ramanaiah ...PETITIONER AND Agamudi Gayatri and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.PSAI SURYATEJA Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR (AP) 2.ADARSHITHA KILARU The Court made the following:
2
ORDER: This Criminal Revision Case was filed by the petitioner herein/accused No.4, against the
Order dated 18.04.2023 passed in Criminal Revision Petition No. 12 of 2023 by the learned III Additional District and Sessions Judge, Kadapa at Rajampet (for brevity ‘learned Sessions Judge’).
2. A case in Crime No.59 of 2021 of Railway Kodur Police Station was registered against the petitioner herein/ accused No.4 and other accused for the offences punishable under Section 498A of the Indian Penal Code, 1860 (for brevity ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the DP Act’). After completion of investigation, the Investigating Officer filed charge sheet and the same was taken on file by the learned Judicial Magistrate of First Class, Railway Kodur, YSR Kadapa District (hereinafter referred to, as ‘the learned
3. Magistrate’) against the accused Nos.1 to 4 for the aforesaid offences and numbered as Calendar Case No.111 of 2021. During the pendency of case proceedings, the petitioner herein/ accused No.4 filed Crl.M.P.No.439 of 2022 under Section 239 of
the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) praying for his discharge from the aforesaid charges. Learned Magistrate, vide Order, dated 17.11.2022 allowed the petition vide Crl.M.P.No.439 of 2022 in C.C.No.111 of 2021, discharged the petitioner herein/accused No.4 from the offences punishable under Section 498A IPC and Sections 3 and 4 of the DP Act on the ground that there is no specific
4. allegation as against the petitioner herein/accused No.4. Aggrieved by the said Order, dated 17.11.2022, the de facto complainant preferred Criminal Revision Petition No. 12 of 2023 on the file of the learned Sessions Judge. Learned
5. Sessions Judge, vide
Order, dated 18.04.2023 allowed the Revision Petition, setting aside the Order, dated 17.11.2022 passed in Crl.M.P.No.439 of 2022 in C.C.No.111 of 2021 by the learned Magistrate, holding that the contents of FIR and the statements of witnesses recorded under Section 161 CrPC attribute specific allegations as against the accused No.4. Aggrieved by the said
Order, dated 18.04.2023 passed in Criminal Revision Petition No. 12 of 2023 by the learned Sessions Judge, the present Criminal Revision Case has been preferred.
r 4
6. Heard
learned counsel for the petitioner herein/ accused No.4, learned counsel for the respondent No.1 herein/ de facto complainant and the learned Assistant Public Prosecutor representing the State/respondent No.2.
7. A perusal of material on record goes to show that the petitioner herein is the accused No.4 in Calendar Case No.111 of 2021 on the file of the learned Judicial Magistrate of First Class, Railway Kodur.
8.
Learned counsel for the petitioner herein/accused No.4 would submit that both parties i.e. accused No.1/husband and the respondent No.1 herein/wife compromised the dispute in FCOP No.92 of 2022 on the file of the learned Judge, Family Court-cum-V Additional District Judge, Tirupati, filed under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 read with Section 7 of Family Courts Act, 1984, and the same was disposed on the ground that the respondent No.1 herein/wife shall cooperate to withdraw or acquit the respondent therein/husband and his family members in Calendar Case No.111 of 2021 on the file of the Judicial Magistrate of the First Class, Railway Kodur. The respondent No.1 herein/wife further agreed and accepted to report No Objection for grant of divorce
5 HMOP No.14 of 2021 on the file of the Senior Civil Judge, in Rajampet filed by the respondent therein/husband. Pursuant to the same, HMOP No.14 of 2021 on the file of the learned Senior Civil Judge, Rajampet, filed under Section 13 (I) (ia) (ii) of the Hindu Marriage Act, 1955 for dissolution of marriage held between respondent No.1 herein/ de facto complainant and the petitioner therein/husband on 12.12.2008 by granting decree of divorce, was also disposed of by allowing the petition on 25.11.2024.
9. In view of the compromise terms arrived between the parties in FCOP No.92 of 2022 on the file of the Judge, Family Court-cum-V Additional District Judge, Rajampet, the petitioner herein/accused No.4 is discharged from the case proceedings vide Calendar Case No.111 of 2021 on the file of the learned Judicial Magistrate of First Class, Railway Kodur,
10. Kadapa.
11. Accordingly, the Criminal Revision Case is allowed, setting-aside the Order, dated 18.04.2023 passed in Criminal Revision Petition No. 12 of 2023 by the learned III Additional Sessions Judge, Rajampet, confirming the
Order, dated 17.11.2022 passed in Crl.M.P.No.439 of 2022 in C.C.No.111 of
6 2021 by the learned Judicial Magistrate of First Class, Railway Kodur. Consequently. Crl.M.P.No.439 of 2022 on the file of the Judicial Magistrate of First Class, Railway Kodur, YSR Kadpa District, stands allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.
Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The III Additional Sessions Judge, Rajampet, Kadapa District.
2. The Judicial Magistrate First Class, RIy Kodur, Kadapa, YSR Kadapa District.
3. The Station House Officer. Disha Woman P.S, Kadapa, YSR Kadapa District.
4. The Station House Officer, Railway Kodur P.S District.
5. One CC to Sri. P Sai Surya Teja, Advocate [OPUC]
6. One CC to Ms. Adarshitha Kilaru, Advocate [OPUC]
7. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
8. The Section Officer, Criminal Section, High Court of Andhra
9. Three CD Copies YSR Kadapa Kadapa, YSR Kadapa Pradesh. Stu sree
HIGH COURT DATED:14/02/2025
ORDER CRLRC.No.609 of 2023 g U MA« 2025 a Current iieciion .
ALLOWING THE CRIMINAL REVISION CASE