Ande Venkata Prasad v. The State of Andhra Pradesh
CRLP/8561/2025 · 2025-08-18
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29677 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29677 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010425042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8561 OF 2025 Between:
1. Ande Venkata Prasad, S/o.Venkateswarlu, aged about 33 years, Occ: Private Employee, Presently residing at E-261, RTPP, Kalamalla Village, Yarraguntia Mandal, Kadapa District, Andhra Pradesh. 2. Ande Venkateswarlu, S/o.Chennaiah, aged 61 years, Occ:Retd. Employee, Presently residing at E-261, RTPP, W Reddy Nagar, Kalamalla Village, Yarraguntia Mandal, Kadapa District, Andhra Pradesh. 3. Ande Sailaja, W/o.Ande Venkateswarlu, aged 56 years, Occ;Housewife Presently residing at E-261, RTPP, W Reddy Nagar, Kalamalla Village Yarraguntia Mandal, Kadapa District, Andhra Pradesh. 4. Ande Mounica, D/o.Ande Venkateswarlu, aged 31 years Housewife, Presently residing at AE-108, W Reddy Nagar, RTPP Kalamalla, VTC Yarraguntia, Kaddapa District, Andhra Pradesh. Occ: ..Petitioners No.1 to 4/Accused No.1 to 4 AND
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1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. Through Inspector of Police, Mydukur U/G Police Station, Mydukur, YSR Kadapa District. ...Respondent/Complainant
2. Bhumireddy Venkata Tejaswini, D/o.B.Venkata Chalapathi, aged about 25 years, Occ:Housewife, R/o.D.No.6/275-A, Proddatur Road, Mydukur Town, YSR Kadapa District, Andhra Pradesh. ...Respondent No.2/Defacto Complainant Petition filed under Section 482 of Cr.P.C/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 call for the records relating to and in connection with charge sheet vide CC. No.578 of 2024 pending on the file of the Judicial Magistrate of First Class Mydukur, registered under sections 85 r/w 3 (5) BNS Act 2023 and section 3 & 4 of DP Act and quash the same against the Petitioners herein/Accused No.1 to 4. lA NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance/presence of the Petitioners herein/Accused No.1 to 4 in CC.No. 578 of 2024 pending on the file of the Judicial Magistrate of First Class, Mydukur, pending disposal of the Criminal Petition.
Counsel for the Petitioners: Sri V. Nitesh Counsel for the Respondent No.1: Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following:
APHC010425042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8561/2025 Between:
1.ANDE VENKATA PRASAD, S/0 VENKATESWARLU, AGED ABOUT 33 YEARS, OCC PRIVATE EMPLOYEE PRESENTLY RESIDING AT E-261, RTPP, KALAMALLA VILLAGE, YARRAGUNTIA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 2.ANDE VENKATESWARLU, S/0 CHENNAIAH, AGE 61 YEARS, OCC- RETD. EMPLOYEE PRESENTLY RESIDING AT E-261, RTPP.W REDDY NAGAR, KALAMALLA VILLAGE, YARRAGUNTIA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 3.ANDE SAILAJA, W/0. ANDE VENKATESWARLU, AGE 56 YEARS, OCC HOUSEWIFE, PRESENTLY RESIDING AT E-261, RTPP, W REDDY NAGAR, KALAMALLA VILLAGE, YARRAGUNTIA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 4.ANDE MOUNICA, D/0. ANDE VENKATESARLU, AGE 31 YEARS, OCC HOUSEWIFE, PRESENTLY RESIDING AT AE - 108, W REDDY NAGAR, RTPP, KALAMALLA, VTC YARRAGUNTIA, KADDAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI THROUGH INSPECTOR OF POLICE, MYDUKURU/G POLICE STATION,MYDUKUR, YSR KADAPA DISTRICT. 2.BHUMIREDDY VENKATA TEJASWINI CHALAPATHI, AGED ABOUT 25 YEARS D.NO. 6/275 - A, PRODDATUR ROAD KADAPA district, ANDHRA PRADESH. D/O.B. VENKATA OCC HOUSEWIFE, R/0. MYDUKURTOWN, YSR ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr P C and 528 of rm^q in connection with charge sheet vide CC No 578 of 2024 no d- ^ same against the Petitioners herein/Accused No. 1 to 4 and pLs of lA NO: 1 OF 9071^ Petition under Section 482 of Cr P C and 52« nf rmcq .is—jL-s rL;, L H ! ® Hon'bie Judicial Magistrate Class Mydukur. pending disposal of the criminal petitionand pass Counsel for the Petitioner/accused(S): 1.VNITESH Counsel for the 1.PUBLIC PROSECUTOR of First Respondent/complainant(S):
3 f / THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8561/2025
ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.1 to 4, seeking quashment of the proceedings pending against them in C.C.No.578 of 2024 on the file of Judicial Magistrate of First Class, Mydukur, registered under Sections 85 r/w 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition Act. Heard Sri V.Nitesh, learned counsel for the Petitioners/Accused Nos. 1
2. to 4 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
Learned counsel for the petitioners would submit that a false case has been lodged against the petitioners. There are no ingredients to attract the alleged offences against the petitioners. Learned counsel for the petitioner would submit that the present case is lodged against the petitioners solely to bend the petitioners to the tunes of the defacto complainant. Learned counsel finally prays for quashment of the case.
3. r Per contra, learned Assistant Public Prosecutor would submit that there are specific allegations leveled against the petitioners. After due investigation, the police filed the charge sheet. The Court has taken cognizance for the
4.
4 4 Offences punishable under Sections 85 r/w 3(5) of BNS and Sections Dowry Prohibition Act against the petitioners. Prosecutor finally prays for dismissal of the petition 3 & 4 of Learned Assistant Public
5. Considering the submissions made and a fair look at the material placed on record, the contentions raised in the present petition are defense. This Court cannot conduct a mini trial to decide the truth or otherwise of such
contentions raised by the learned challenging the case registered against them. a matter of counsel for the petitioners
6. At this juncture, learned counsel for the petitioners would submit the presence of the petitioners before the Trial Court may be dispensed with. In the result, the Criminal Petition is disposed of. However, the presence of the petitioner Nos. 2 to 4/A2 to A4 before the Trial dispensed with, unless their presence is specifically directed by the Trial Court As a sequel thereto, miscellaneous petitions pending, if any, shall stand that
7. Court is closed.
Sd/- P VINOD KUMAR ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To,
1. The Judicial Magistrate of First Class Mydukur, YSR Kadapa District.
2. The Station House Officer, Mydukur U/G Police Station, YSR Kadapa District.
3. One CC to Sri V.Nitesh, Advocate [OPUC] CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT]
5. Two CD Copies
4. Two BSV vna
HIGH COURT \ DATED: 19/08/2025
ORDER Current Section . ^ CRLP NO . 8561 OF 2025 15 SEP 20» a: P>. O DISPOSING OF THE CRIMINAL PETITION