Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25966 (AP)

Rudraraju Ruma Sankara Raju, v. The State of Andhra Pradesh

CRLP/5862/2024 · 2025-03-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5862 OF 2024 Between: Rudraraju Ruma Sankara Raju, S/o. Ganga Raju, aged 58 years, R/o. Goraganamudi Village, Palakoderu Mandal, Near Bheemavaram, West Godavari District ...PETITIONER/ACCUSED N0.1 •i'v AND 1. The State of Andhra Pradesh, Rep.by Station House Officer, Anandapuram Police Station Through Public Prosecutor, High Court of Andhra Pradesh At Amaravathi. 2. Pericherla Sasi Prabha, W/o.Vijaya Rama Raju, Aged 42 years, Occ: House Wife, R/o. Fiat No.403. SVLN Towers-1, 80 Feet Road, Sujathanagar, Pendurthy, Visakhapatnam. ...RESPONDENTS Petition under Section 482 of Cr.P.C & 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No. 25 of 2024 of Anandapuram Police Station, Visakhapatnam Commissionerate District. I.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C & 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Pfefition, the High Court may be pleased to stay all further proceedings in FIR No., 25 of 2024 of Anandapuram Police Station, Visakhapatnam Commissionerate District including the presence of the petitioner pending disposal of Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V V Satish, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Smt. Pulipati Radhika Advocate for the Respondent No.2 The Court made the following ORDER : 1 HN, J Crl.P.No.5862 2024 ' k APHC010367362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5862/2024 Between: ...PETITIONER/ACCUSED Rudraraju Ruma Sankara Raju, AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.VVSAT1SH Counsel for the Respondent/complainant{S): 1.PULIPATI RADHIKA 2.PUBLIC PROSECUTOR w 2 HN, J Crl.P.No.5862 2024 r ' The Court made the following Order: The learned counsel for the petitioner submits that the petitioner has been arraigned as Accused No.1 in Crime No.25 of 2024, on the file of Anandapuram Police Station at Visakhapatnam. It is further submitted that the petitioner is facing similar allegations in Crime No. 168 of 2019, based on the same set of allegations. After investigation, the police have filed a charge sheet, which was taken on file as Subsequently, a second FIR was registered as Crime C.C.No.250 of 2021. No.25 of 2024, wherein the petitioner was arraigned as Accused No.1 therein. The learned counsel for the 2"'^ respondent submits that the petitioner is facing trial in C.C.No.250 of 2021 before the XV Additional Metropolitan Magistrate, Bheemunipatnam. It is contended that the petitioner can raise all the grounds mentioned in the present quash petition before the trial Court in C.C.No.250 of 2021. Considering the submissions, it is evident that the police have registered a second FIR based on the same set of facts and circumstances. In these circumstances, this Court is of the considered opinion that the Crime No.25 of 2024, on the file of Anandapuram Police Station at Visakhapatnam, is liable to be quashed. Flowever, it is left open for the petitioner to raise all grounds mentioned in this quash petition before the trial Court in C.C.No.250 3 HN, J Crl.P.No.5862 2024 of 2021, pending before the XV Additional Metropolitan Magistrate, Bheemunipatnam. Accordingly, the Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XV Additional Metropolitan Magistrate; Bheemunipatnam, Visakhapatnam District. 2. Jhe Station House Officer, Anandapuram Police Station, ' Visakhapatnam District. 3. Ofie CG to Sri V V Satish Advocate [OPUC] 4. One CC to Smt. Pulipati Radhika Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. THREE CD COPIES SAM TAC w ■', HIGH COURT DATED:27/03/2025 ORDER CRLP.No.5862 of 2024 DISPOSING OF THE CRLP