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2025 DAILYLAW 23458 (AP)

Smt Koya Shakuntala v. The State of Andhra Pradesh

CRLP/6872/2025 · 2025-07-06

Harinath N

body2025

Judgment text

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V APHC010331452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6872 of 2025 Between: Smt. Koya Shakuntala, W/o.Venkateswara Rao, Aged about 58 years, R/o.D.No.3-37, Andhra Bank Road, East Ibrhimpatnam, Krishna District. ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Rep. by SHO, Jangareddygudem Police Station, Eluru District, Rep. by Public Prosecutor, The High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant 2. Koya Sai Lakshmi, W/o. Goutham Chakravarthy, Aged about 26 years, R/o. A.Polavaram Village, Jangareddygudem Mandal, Eluru District. ...Respondent/De-facto Complainant 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 in F.I.R.No.382 of 2024 on the file of Jangareddygudem Police Station. Eluru District and quash the same so far as the petitioner is concerned. 4 lA NO: 2 OF 2025 Petition under Section 528 of BNSS (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 of all further proceedings including arrest of the Petitioner in F.I.R.No.382 of 2024 on the file of Jangareddygudem Police Station, Eluru District. : Sri S Dushyanth Reddy Counsel for the Petitioner Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following order: i V APHC010331452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N r.RIMINAL PETITION NO: 6872/2025 Between: AGED 1.SMT KOYA SHAKUNTALA, W/O.VENKATESWARA RAO ABOUT 58 YEARS, R/O.D.NO.3-37, ANDHRA BANK ROAD, EAST IBRHIMPATNAM, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND PRADESH, REP.BY SHO, OF ANDHRA 1 THE STATE JANGAREDDYGUDEM POLICE STATION, ELURU DISTRICT., REP. BY PUBLIC PROSECUTOR, THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI W/0. GOUTHAM CHAKRAVARTHY, AGED R/0. A.POLAVARAM 2. KOYA SAI LAKSHMI ABOUT 26 YEARS, JANGAREDDYGUDEM MANDAL, ELURU DISTRICT. VILLAGE, .„RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1 .S DUSHYANTH REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- Th© l6arned couns©! for th© p©tition©r submits that th© p©tition©r is Crim© No.382 of 2024 on th© fil© of arraign©d as accus©d No.2 in Jangar©ddigud©m Polio© Station. It is submitt©d that th© 2"^^ r©spond©nt initially fil©d a complaint against moth©r, fath©r, broth©r, and anoth©r rolativ©, alloging off©nc©s und©r S©ctions 448, 509, and 506 r/w 34 of th© IPC. Aft©r inv©stigation, th© polio© fil©d a charg© sh©©t, and th© sam© was tak©n on fil© as C.C.No.3451 of 2020 th© fil© of th© l©arn©d IV Additional Chi©f M©tropolitan Magistrat©, 2. h©r f I on Vijayawada. It is furth©r submitt©d that th© husband of th© 2"^^ r©spond©nt fil©d a complaint b©for© th© Ibrahimpatnam Polio© Station on 10.09.2024 and a woman missing cas© was r©gist©r©d vid© Crim© No.458 of 2024. It is submitt©d that soon aft©r th© 2"'^ r©spond©nt fil©d th© pr©s©nt complaint, alleging offences under Section 85 r/w 3(5) of BNS and Sections 3 and 4 of th© Dowry Prohibition Act. It is also submitted that th© 2""* respondent is psychologically unstable and is taking medication. It is submitted that th© present complaint has been filed only to wreak against th© petitioner. Th© learned counsel for th© petitioner further submits that th© police have issued a notice under Section 35(3) of Cr.P.C. It is also submitted that the allegations are omnjbus and vague, lacking in specific details. 3. 4. vengeance 3 5. Considering the submissions, the police have issued a notice under Section 35(3) of Cr.P.C. to Accused No.2. The police are also directed to take into consideration the submissions of the petitioner, sheet filed in the earlier complaint filed by the 2 parents, and proceed to file the final report in accordance with law. 6. Accordingly, the Criminal Petition is disposed off. as well as the charge nd respondent against her As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR If/ //TRUE COPY// SECTION OFFICER To 1. The IV Additional Chief Metropolitan Magistrate, District. 2. The Station House Officer, Ibrahimpatnam Police City, Krishna District. 3. The Station House Officer, Jangareddygudem Police District. 4. Two CCs to the Public Prosecutor Amaravathi[OUT] 5. One CC to Sri S Dushyanth Reddy, Advocate [OPUC] 6. Two CD Copies Vijayawada, Krishna Station, Vijayawada Station, Eluru High Court of Andhra Pradesh, TK sree <5^ HIGH COURT DATED:07/07/2025 ORDER CRLP No.6872 of 2025 DISPOSING OF THE CRIMINAL PETITION