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2025 DAILYLAW 24356 (AP)

Angoth Sama Naik v. THE STATE OF AP

CRLP/7182/2025 · 2025-07-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010344592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7182 OF 2025 Between: 1. Angoth Sama Naik, S/o,Lachya Naik, Aged about 75 D.No.5-216, Regulavaram Thanda, Koppunuru, Guntur, Guntur District. 2. Angoth Hasya Bai, W/o. Sama Naik, Aged about 62 years, R/o.D.No.5- 216, Regulavaram Thanda, Koppunuru, Guntur, Guntur District. 3. Angoth Mohan Naik, S/o. Sama Naik, Aged R/o.D.No.5-216, Regulavaram Thanda, Koppunuru, Guntur District. years, R/o. about 35 years, Guntur 4. Angoth Revathi Bai, W/o. Angoth Mohan Naik D/o. Chennaiah Nayak, Occ: Employee in Canara Bank, Sekuru village, Tenali, Guntur District. Aged about 32 years, R/o. D.No. 15/505, Brahmanapalli Thanda ward, Brahmanapalli, Ananthapur. 15th 5. Angoth Shanthi Bai, W/o. Balu Naik, Aged about 31 R/o.Regulavaram Thanda, Koppunuru, Guntur, Guntur District. years. ...Petitioners/ Respondents AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, For the State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravathi. 2. Ramavath Angoth Vasanthi Bai, W/o. Angoth Chandra Babu Bail Ramavath Ramu Naik, Aged about 26 Sai Baba Nagar, Nandyal town and District. D/o. H.No.28-1048-6a, years ...Respondents/Complainant praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to quash the proceedings in D.V.C.No.3/2025 on the file of Judicial Magistrate of First Class, Nandyal. lA NO: 1 OF 2()7fi Petition filed under Section 528 of BNSS the 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 stay all further proceedings including D.V.C.NO.3/2025 pending disposal of the petition. Counsel for the Petitioners: Sri Veerendranath Maddineni, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: - The Court made the following order: appearance in on the file of Judicial Magistrate of First Class, Nandyal, \ 1 “ APHC010344592025 tN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 7lS7;7no<; [3396] pratapa Between: 1.ANGOTH SAMA NAIK, S/O.LACHYA NAIK, AGED THANDA about 75 YEARS, KOPPUNURU, R/0. D.NO.5-216, REGULAVARAM GUNTUR, GUNTUR DISTRICT. 2.ANGOTH HASYA BAI, W/0. SAMA NAIK R/O.D.NO.5-216, GUNTUR, GUNTUR DISTRICT. 3.ANGOTH MOHAN NAIK, S/0. SAMA NAIK, R/O.D.NO.5-216, REGULAVARAM THANDA, GUNTUR, GUNTUR DISTRICT. 4.ANGOTH REVATHI BAI, W/0. ANGOTH MOHAN NAIK CHENNAIAH NAYAK, OCC EMPLOYEE IN CANARA BANK SEKURU VILLAGE, TENALI, GUNTUR DISTRICT. AGED ABOUT 32 YEARS, R/O. D.NO. 15/505, BRAHMANAPALLI THANDA 15TH WARD, BRAHMANAPALLI, ANANTHAPUR. AGED ABOUT 62 YEARS, KOPPUNURU. REGULAVARAM THANDA AGED ABOUT 35 YEARS, KOPPUNURU, D/0. 5.ANGOTH SHANTHI BAI, W/0. BALU NAIK r. AGED ABOUT 31 YEARS R/O.REGULAVARAM THANDA, KOPPUNURU, GUNTUR, GUNTUR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF AP, REP. BY PUBLIC PROSECUTOR STATE OF ANDHRA PRADESH PRADESH AT AMARAVATHI. FOR THE HIGH COURT OF ANDHRA 2 2 RAMAVATH ANGOTH VASANTHI BAI, W/0. ANGOTH CHANDRA AGED ABOUT 26 NANDYAL TOWN BABU BAIL, D/0. RAMAVATH RAMU NAIK, YEARS, H.NO.28-1048-6A, SA! BABA NAGAR AND DISTRICT. ...RESPONDENT/COIVIPLAINANT(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 Court pleased to quash the proceedings in D.V.C.NO.3/2025 on the file of Judicial Magistrate of First Class, Nandyal lA NO: 1 OF 2025 ' \ 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 further proceedings including appearance in D.V.C.NO.3/2025 on the file of Judicial Magistrate of First Class, Nandyal, pending disposal of the petition Counsel for the Petitioner/accused(S): 1.VEERENDRANATH MADDINENI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following; / ■■ w 7- 3 -fO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRIVIAI PRATAPA CRIMINAL PETITION NO: 7182/2025 ORDER: The instant petition under Section 528 of BNSS., has been filed by the Petitioners/Respondent Nos.2 to 6, seeking quashment of the proceedings pending against them in D.V.C.No.03 of 2025 on the file of the learned Judicial First Class Magistrate, Nandyal, under Section 12 of Protection of Women from Domestic Violence Act, 2005. I i Heard Sri Veerendranath Maddineni, learned counsel for the 2. petitioners/respondent Nos. 2 to 6 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petitioners herein who are arrayed as respondent Nos. 2 to 6 in D.V.C., are the family members of the husband in the present case. Learned counsel for the petitioners would further submit that they are restricting their prayer to dispense the presence of the petitioners herein before the Trial Court and the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners, by dispensing the presence of the petitioners/ respondent Nos. 2 to 6 before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4 5. In that view, the Criminal petition is disposed of. However, the petitioners are at liberty to raise all the contentions before the Trial Court in their defence. The presence of the petitioners/respondent Nos. 2 to 6 before the Trial Court is dispensed with unless their presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT.REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Nandyal, Kurnool District. 2. One CC to Sri Veerendranath Maddineni, Advocate [OPUC] 3. Two CC’s to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC sree HIGH COURT DATED: 14/07/2025 S^AHD^ 5 29 AUG 2025 ^ . Current Section . ^ ^<®esPATC««2,^ ORDER CRLP NO. 7182 OF 2025 to, DISPOSING THIS CRIMINAL PETITION