APHC010335622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5399 OF 2024 Between: 1. Aliena Jaya Lakshmi, (A2), W/o. Late Gowri Shanker, Aged about 56 years, R/o. Plot No. 86, Secunderabad, Telangana. 2. Aliena Divya Priya Darshini, (A3), W/o. Balivada Sai Bharadwaz, Aged about 33 years Chinagantyada, Gajuwaka, Vishakhapatnam. 3. Balivada Sai Bharadwaz, (A4), S/o. Srinivasa Rao, Aged about 34 years, R/o. D.No. 6-64-27/3/8, Sramika Nagar Chinagantyada, Gajuwaka, Visakhapatnam. Sainiki Puri, Madhavapuri Colony R/o. D.No. 6-64-27/3/8, Sramika Nagar, ...Petitioner/Accused Nos. 2, 3, & 4 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court, Amaravathi. ...Respondent 2. Aliena Sai Harini, W/o. Swamy Dheeraj, Aged about 21 years, R/o. D.No. 39-16-25, Madhavadhara, Vishakhapatnam City. ...Respondents/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 call for the records and quash the proceedings against the Petitioners/ Accused No. 2 to 4 in CC. No. 4636 of 2022 on the file of the Court of the I Additional Chief Metropolitan Magistrate Visakhapatnam. lA NO: 2 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 to stay all further proceedings against the Petitioners/Accused No. 2 to 4 including appearance in C.C. No.4636 of 2022 on the file of the Court of the I Additional Chief Metropolitan Magistrate, Visakhapatnam pending disposal of the criminal petition. Counsel for the Petitioners: Sri Ramakrishna Akurathi, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: Sri ASC Bose, Advocate The Court made the following order: ■ APHC010335622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5399/2024 Between: 1.ALLENA JAYALAKSHMI, (A2) W/0. LATE GOWRI SHANKER, AGED R/0. PLOT NO. 86, SAINIKI PURI, ABOUT 56 YEARS, MADHAVAPURI COLONY SECUNDERABAD, TELANGANA. 2.ALIENA DIVYA PRIYA DARSHINI,(A3), W/0. BALIVADA SAI BHARADWAZ, AGED ABOUT 33 YEARS, R/0. D.NO. 6-64-27/3/8, SRAMIKA CHINAGANTYADA, GAJUWAKA, NAGAR, VISHAKAPATNAM. 3.BALIVADA SAI BHARADWAZ,(A4), S/0. SRINIVASA RAO, AGED ABOUT 34 YEARS, R/0. D.NO. 6-64-27/3/8, SRAMIKA NAGAR CHINAGANTYADA, GAJUWAKA VISAKHAPATNAM. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI. RESPONDENT 2.ALIENA SAI HARINI, W/0. SWAMY DHEERAJ AGED ABOUT 21 R/0. D.NO. 39-16-25, MADHAVADHARA, YEARS, VISHAKHAPATNAM CITY. ...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 Courtmay be pleased to call for the records and quash the proceedings against the Petitioners/Accused No. 2 to 4 in CC. No. 4636 of 2022 on the File of the Court of the I Additional Chief Metropolitian Magistrate visakhapatnam, in the interest of justice and 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 may be pleased to dispense with the filing of the certified copy of in C.C. No.4636 of 2022 on the File of of the Court of the I Additional Chief Metropolitian Magistrate Visakhapatnam and pass lA NO: 2 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 may be pleased to stay all further proceedings against the Petitioners/Accused No. 2 to 4 including appearance in C.C. No.4636 of 2022 on the File of of the Court of the I Additional Chief Metropolitian Magistrate Visakhapatnam. Pending disposal of the criminal petition in this Hon'ble Court.and pass Counsel for the Petitloner/accused(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant(S): 1.ASC BOSE 2. PUBLIC PROSECUTOR 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners arrayed as accused Nos.2 to 4 in C.C.No.4636 of 2022 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam. It is submitted that apart from omnibus allegations, there are no specific allegations against any of the petitioners in the complaint or in the statement recorded by the police. It is submitted that a vague reference is made to the petitioners in the complaint, and the police have completed investigation duly recording the statements many as five witnesses, apart from absolute witnesses. Learned counsel for the petitioners submits that petitioners 2 and 3 are completely unconnected with the family disputes and have been residing separately after their marriage. It is also submitted that the allegations against the 2"^^ accused are also equally vague, and that either the complaint or the statement would not specifically mention as to when the 2 committed the alleged offences or harassed the 2'''' respondent. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State as well as learned counsel appearing for the 2'^^ respondent. Perused the material on record. 4. As seen from the record, there is absolutely no allegation against the 3'^'^ petitioner, who is arrayed as accused No.4, except for the statement that the 2^^ respondent had stayed at Hyderabad in the house of the sister of the 3^^^ petitioner. Even the statement recorded by the police would not reveal any specific involvement of the 3^^^ petitioner either in commission of any of are as 2. nd accused 3. 4 • ' ; alleged offences or participation or instigation of 3'^ petitioner in commission of any other offences. 5. On these grounds, the proceedings in C.C.No.4636 of 2022 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, against the 3'^'^ petitioner herein is hereby quashed. 6. Accordingly, the Criminal Petition is partly allowed. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The I Additional Chief Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District. One CC to Sri Ramakrishna Akurathi, Advocate [OPUC] One CC to Sri ASC Bose, Advocate [OPUC] Two CC’s to Public Prosecutor, High Court of Andhra Pradesh [OUT] Three CD Copies To, 1. 2. 3. 4. 5. GPC sree HIGH COURT DATED: 30/06/2025 ORDER CRLP NO. 5399 OF 2024 i ^ ? 5 JUL 21)25 'i.^ Current Section S PATC PARTLY ALLOWING THIS CRIMINAL PETITION