Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23357 (AP)

VAIKUNA @ VAIKUNTA ANKAMMA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/4754/2023 · 2025-07-01

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J Crl.P.No.4754_2023 APHC010329522023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4754/2023 Between: 1. VAIKUNA @ VAIKUNTA ANKAMMA RAO, S/O. THIRUPATHAIAH, AGED ABOUT 43 YEARS, R/O.VATTICHEKURU VILLAGE AND MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2. VAIKUNTATHIRUPATHAIAH, S/O. ANKAMMA RAO, AGED ABOUT 83 YEARS, R/O.VATTICHEKURU VILLAGE AND MANDAL, GUNTUR DISTRICT, A.P. ...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 proceedingsin C.C. No.281/2023against the Petitioner/Accused for the offence punishable U/Sec. 420 IPC and Sec. 24 of Senior Citizens Act which is pending before the Hon'ble VI Addl. Judicial Magistrate of 1St Class, Guntur, Guntur District and pass IA NO: 1 OF 2023 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 2 HN, J Crl.P.No.4754_2023 High Court may be pleased pleased to dispense with filing of certified copy of Charge Sheet in C.C. No.281/2023 for the offence punishable U/Sec. 420 IPC and Sec. 24 of Senior Citizens Act which is pending before the Hon'ble VI Addl. Judicial Magistrate of 1st Class, Guntur, Guntur District and pass IA NO: 2 OF 2023 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 of all further proceedings including trial against the Petitioner/Accused in C.C.No. 281/2023 for the offence punishable U/Sec. 420 IPC and Sec. 24 of Senior Citizens Act which is pending before the Hon'ble VI Addl. Judicial Magistrate of 1st Class, Guntur, Guntur District, until disposal of the quash petition and pass Counsel for the Petitioner/accused: 1. SRINIVASA RAO NARRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 HN, J Crl.P.No.4754_2023 The Court made the following Order: 1. The learned counsel appearing for the petitioner submits that the petitioner is arraigned as an accused in C.C.No.281 of 2023 on the file of the VI Additional Judicial Magistrate of First Class, Guntur, for the alleged offence under Section 420 of the Indian Penal Code, 1860, and Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2. The 2nd respondent is aged about 83 years and he is the father of the petitioner. As seen from the charge sheet, the allegation that the petitioner is not taking care of the 2nd respondent is made, apart from the allegations of cheating. The police have completed the investigation and filed a charge sheet and recorded the statement of as many as four witnesses. 3. Considering the nature of the allegations and after perusing the charge sheet, this Court is not inclined to interfere at this stage. 4. Accordingly, this writ petition is dismissed, leaving it open for the petitioner to raise all these grounds before the learned Magistrate when the matter is taken up. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.07.2025 NKA 4 HN, J Crl.P.No.4754_2023 217 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4754 of 2023 Date: 02.07.2025 NKA