APHC010008322023 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 164 OF 2023 Between; Devara Nageswara Rao, S/o.Late Bangarayya, aged about 37 R/o.H.No.5-170. B.C.Colony, K.D.Peta Village, Golugonda Visakhapatnam District. years Mandal, ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by the SHO, Anakapaili Town Visakhapatnam District. Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District. P.S., ...RESPONDENT/COMPLAINANT 54 years, R/o.Flat No.402, Vardhini Apartment, Gandhi Nagar, Anakapaili, Visakhapatnam District. 2. Molli Lakshmi, W/o.Late Koteswara Rao, aged about ...RESPONDENT/DEFACTO COMPLAINANT Petition filed under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to call for records praying that in the Petition, the In connection with SC.No.6 of 2025 on the file of the Court of Sessions Additional District Judge, Visakhapatnam, Visakhapatnam District, and quash the same. Judge, Mahila Court-cum-VI X !- ■ ■# (Prayer is amended as per Court order dated 31/07/2025 in IA.1/25 in CRLP 164/2023. iANOi2OF2023 Petition filed under Section 482 of Cr.P.C circumstances stated in the Memorandum of Criminal Petition praying that in the the High Court may be pleased to stay of all further proceedings including appearance of the Petitioner in SC.No.6 of 2025 on the file of the Court of Sessions Judge, Judge, Visakhapatnam, pending Mahila Court-cum-VI Additional District disposal of the Crl.Pet.No.164 of 2023. Counsel for the Petitioner : SRI P.VEERA REDDY, SENIOR COUNSEL REPRESENTING SRI S.DILIP JAVA RAM Counsel for the Respondent No.1 : MS.K.PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2 : NONE APPEARED The Court made the following ORDER : APHC010008322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO; 164/2023 Between: 1.DEVARA NAGESWARA RAO,, S/0. LATE BANGARAYYA, AGED ABOUT 37 YEARS, R/O.H.NO.5-170, B.C.COLONY, K.D.PETA VILLAGE, GOLUGONDA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE SHO, ANAKAPALLI TOWN P.S., VISAKHAPATNAM DISTRICT. REP. BY ITS PUBLIC PROSECUTOR, PRADESH, AMARAVATI, GUNTUR DISTRICT. HIGH COURT OF ANDHRA 2.MOLLI LAKSHMI, W/0. LATE KOTESWARA RAO, AGED ABOUT 54 YEARS, R/0. FLAT NO.402, VARDHINI APARTMENT, GANDHI NAGAR, ANAKAPALLI, VISAKHAPATNAM DISTRICT. ...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 Courtpleased to call for records in PRC.No. 09 of 2022 on the file of the Court of 1st Additional Junior Civil Judge-CUM-XI Additional Metropolitan Magistrate, Anakapalli, Visakhapatnam District., and quash the same lA NO: 1 OF 2023 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 2 Petition,the High Court may be pleased pleased to dispense with filing of the certified copy of Charge sheet in PRC.No, 09 of 2022 on the file of the Court of 1st Additional Junior Civil Judge-CUM-XI Additional Metropolitan Magistrate, Anakapalli, Visakhapatnam District., pending disposal of the Criminal Petition before this Hon'ble Court lA NO: 2 OF 2023 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 of all further proceedings so far as the Petitioner is concerned in PRC.No. 09 of 2022 on the file of the Court of 1st Additional Junior Civil Judge-CUM-XI Additional Metropolitan Magistrate, Anakapalli, Visakhapatnam District., pending disposal of the Criminal Petition before this Hon'ble Court 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 permit the Petitioner to amend the main prayer as "For all the reasons stated above, it is just and necessary that this Hon'ble Court may be pleased to call for records in connection with S.C.No.6 of 2025 on the file of the Court of Sessions Judge, Mahila Court-Cum- VI Additional District Judge, Visakhapatnam and quash the same" and pass such other further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, in the place of "For all the reasons stated above, it is also just and necessary that this Hon'ble Court may be pleased to call for records in PRC.No. 09 of 2022 on the file of the Court of 1st Additional Junior Civil Judge- CUM-XI Visakhapatnam District., and quash the same. Additional Metropolitan Magistrate, Anakapalli, and also to permit the Petitioners to amend the interim prayer as "It is therefore prayed that this Hon'ble Court may be pleased to direct stay of all further proceedings including appearance of the Petitioner in S.C.No.6 of 2025 on the file of the Court of Sessions Judge, Mahila Court-Cum- VI Additional District Judge, Visakhapatnam, pending disposal of the CrI. Pet. No. 164 of 2023, before this Hon'ble Court. // in the place of It is therefore prayed that this Hon'ble Court nnay be pleased to direct stay of all further proceedings so far as the Petitioner is concerned in PRC.No. 09 of 2022 on the file of the Court of 1st Additional Junior Civil Judge-CUM-XI Additional Metropolitan Magistrate, Anakapalli, 3 Visakhapatnam District., pending disposal of the Criminal Petition before this Hon'ble Court. Counsel for the Petitioner/accused: 1.S DILIP JAVA RAM Counsel for the Respondent/complainant(S); 1 .PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 428 of the Criminal Procedure 1973 has been filed by the petitioner/accused No.1, seeking quashment of proceedings against him in P.R.C. No.09 of 2022, on the file Additional Junior Civil Judge-cum-Xl Additional Code, of the Court of 1st Metropolitan Magistrate, Anakapalli, Visakhapatnam District. 2. Heard Sri P. Veera Reddy, learned Senior Counsel, assisted by Sri S. Dilip Jaya Ram, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. Notice is served on respondent No.2, but none appeared for respondent No.2. 3. Learned counsel for the petitioner would submit that there is no element of abetment to connect accused No.1 to the offence punishable under 306 IPC. Learned counsel would further submit that long before the alleged incident of the deceased committing suicide, A1 and the deceased had been residing separately. Learned counsel would further submit that the deceased is alleged to have committed suicide at her mother's house, and there are no ingredients that would attract the offence under Section Section 306 IPC. 4. Learned Assistant Public Prosecutor vehemently opposed the petition, stating that the police, after due investigation, filed the charge sheet against the petitioner/AI, and there is material to show that there is a prima facie case of abetment on the part of the husband, whose wife committed M s Learned Assistant Public Prosecutor finally prays for dismissal of suicide. the petition. 5. Considering the submissions made and upon a fair look at the material placed on record, apart from the dying declaration alleged to have been also reference to the oral given by the deceased to the doctor, there is declaration of the deceased said to have been given to her mother^ dying the defacto-complainant. She has stated before the police the information given by the deceased alleging intent to commit suicide. 6. In that vie\A/, this is not a fit case for quashment when there is a verifiable material that requires investigation at the full length of trial. In light of the above-mentioned premises, this criminal petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, SD/- B.PRASADARAO ASSISTANT REGISTRAR i.e. 7 shall stand closed. /f^ //TRUE COPY// SECTION OFFICER To 1. The Sessions Judge, Mahila Court-cum-VI Additional District Judge, Visakhapatnam, Visakhapatnam District. 2. The I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli, Visakhapatnam District. 3. The Station House Officer, Anakapalli Town Police Station, Visakhapatnam District. 4. One CC to Sri S.Dilip Jaya Ram, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 6. Two CD Copies BSV TAC HIGH COURT DATED;07/08/2025 ORDER CRLP NO. 164 OF 2023 DISMISSING THE CRIMINAL PETITION