NIZAMPATNAM BHAGYA LAKSHMI v. THE STATE OF ANDHRA PRADESH
CRLP/5603/2022 · 2025-01-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26420 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26420 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5603 OF 2022 Between:
1. Nizampatnam Bhagya Lakshmi, W/o. Amareendra @ Amar, 42 years, Caste by Kummari, D.No. 1-1-126, Ambedkar Nagar, 2nd Line, 1st Ward, Near F.C.I., Sattenapalli Town. (A-1)
2. Nizampatnam Deepthi @ Doli, D/o. Amareendra @ Amar, 19 years. Caste by Kummari, D.No. 1-1-126. Ambedkar Nagar. 2nd Line, 1st Ward. Near F.C.I.. Sattenapalli Town. (A-2)
3. Nizampatnam Amareendra @ Amar, S/o. Srimannarayana. 48 years. Caste by Kummari, D.No. 1-1-126, Ambedkar Nagar, 2nd Line, 1st Ward. Near F.C.I., Sattenapalli Town. (A-3) ...Petitioners/Accused No.1,2 & 3 AND
1. The State Of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh. Nelapadu,Amaravathi. Guntur District.
2. Devalla Koteswari, W/o. Venkatrao, Age 33 years, R/o. Ambedkar Colony, 31st Ward, Sattenapalli Town, Palnadu District. ...Defacto Complainant /Respondent
Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge sheet in CC No.902/2021 dt. 21.12.2021 registered U/s 323,509 r/w 34 IPC against the Accused. ,/ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G ELISHA ,Advocate for the Petitioners and the Public Prosecutor on behalf of Respondent No.1. The Court made the following: ORDER
H 7 APHC010373932022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] rv THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 5603 of 2022 Between: Nizampatnam Bhagya Lakshmi and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused{S);
1.G ELISHA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP) The Court made the following:
ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioners/A. 1 to A.3, seeking quashment of the proceedings against them in CC No,902 of 2021 on the file of the Court of I Additional Junior Civil Judge, Sattenapalli, registered for the offence punishable under Sections 323 and 509 IPC.
2. Heard Sri G.Elisha,
learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent No. 1/State. Despite service of notice, none represented for respondent No.2/Complainant. Perused the material on record.
3. Learned counsel for the Petitioners would submit that the petition may be disposed of by giving protection to the Petitioners as per the guidelines of the Hon'ble Supreme Court in Arnesh Kumar v. State of
■' * 2 Bihar^ keeping in view the interim order dated 08.09.2022 granted by this Court.
4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.
5. Considering the submissions, it is apposite to direct that, in the event of any coercive action sought to be taken against the Petitioners, concerned police authorities are
directed to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C., and the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar's case (supra).
6. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. i '(2014) 8 see 273 / Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Sattenapalli Town, Police Station, Guntur district.
2. One CC to Sri. G Elisha, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.
4. Three CD Copies vna
T“ HIGH COURT Vl DATED:23/01/2025
ORDER CRLP.No.5603 of 2022 DISPOSING OF THE CRIMINAL PETITION