IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7070 OF 2024 Between: Chode Padmavathi @ Chode Padma, W/o. Srinu Babu, Age- 40 Years, Occ- Home-Guard, Police Department, R/o.3-52, SC Colony/Peta, Yendagandi Village, K.Gangavaram Mandal, Konaseema District (East Godavari District). ...Petitioner/PW-1 AND 1. State of Andhra Pradesh, Rep. by State Public Prosecutor, High Court of A.P, Amaravati. 2. Saday Rama Krishna @ Puttayya, S/o. Mahalakshmi, Age- 62 years. Caste- SC Mala, SC Peta, D.No.3-93, Yendagandi (V), K.Gangavaram Mandal. 3. Saday Nagewsara Rao @ Nagesh, S/o/ Late Narayudu, Age 68 years. Caste- SC Mala, D.No.3-84, Yendaganjdi (V), K.Gangavaram Mandal. 4. Kunchey Chandra Sekher, S/o. Satyanarayana, Age- 30 years, Caste- SC Mala, D.No.39/1, Yendagandi (V), K. Gangavaram (M). 5. Vengala Nageswara Rao @ Nagesh, S/o.Late Surayya, Age 69 years. Caste- SC Mala, D.No.3-183/1, Yendagandi (V), K.Gangavaram (M). 6. Dasi Srinivas, S/o.Surya Rao, Aghe 32 years. Caste- SC Mala, ^ Yendagandi (V), D.No.3-88. SC Peta, Yendagandi (V), K.Gangavaram (M). 7. Saday Kanaka Ratnam, W/o. Rama Krishna, Age 52 years. Caste- SC Mala, D.No.3-98, SC Peta, Yendagandi (V), K.Gangavaram (M). 8. KuncheyMani, W/o. Venkata Ramana, Age 22 years. Caste- SC Mala, D.No.3-91/1, Yendagandi (V), K.Gangavaram (M). 9. Vengala Simhadri, W/o.Lakshmana Rao, Age 60 years. Caste- SC Mala, D.No3-70, SC Peta, Yendagandi (V), K. Gangavararri (M). 10. Saday Sesha Ratnam, W/o. Srinu, Age 27 years. Cast SC Mala, D.No.3-97, SC Peta, Yendagandi (V), K. Gangavaram (M). 11. Vengala China Venkata Ramana @ Gujjari, S/o. Lake Veeraiah, Age 32 years. Caste- SC Mala, D.No.3-121, Yendagandi (V), K.Gangavaram (M). 12. Vengala Murali Krishna @ Murali, S/o. Lakshmana Rao, Age 29 Cast SC Mala, D.No.3-70, Yendagandi (V), K.Gangavaram (M). 13. Kolli Murali Mohana Rao @ Murali Mohan, S/o. Late Subba Rao, Age 34 Years, Caste- SC Mala, D.No.3-79, SC Peta, Yendagandi (V) K.Gangavaram (M). years. ...Respondents/ A1 to A12 Petition under Section 528 of BNSS 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Call for the entire records and set-aside the impugned order dated 29.08.2024 passed in CRL.MP.No.1395 of 2024 in CC.No.352 of 2018 on the file of the Principal Civil Judge - cum - Judicial Magistrate Of First Class, Ramachandrapuram, East Godavari District Consequently, allow the Petitioner/PW.1 for and re-examination before the \ Hon'ble Court of Principal Civil Judge-Cum-Judicial First Class Magistrate Ramachandrapuram in CC.No.352 OF 2018. I.A. NO: 1 OF 2024 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 grant stay of all further proceedings in CC.No.352 OF 2018 on the file of the Principal Civil Judge-cum- Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bodapati Vamsi Krishna, Advocate for the Petitioner Public Prosecutor on behalf of the Respondent No.1 Narayana Rao, Advocate for the Respondent No.2 to 13 The Court made the following: and the Assistant and of Sri Sade APHC010442202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7070/2024 Between: ...PETITIONER/ACCUSED Chode Padmavathi @ Chode Padma AND ...RESPONDENT/COMPLAINANT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.BODAPAT1 VAMSI KRISHNA Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2.SADE NARAYANA RAO The Court made the following Order: The present petition is filed challenging the order passed by the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District, in CrI.M.P. No. 1395 of 2024 in C.C. No. 352 of 2018. It is submitted that the petitioner herein is a victim and has been arraigned as P.W.1 in C.C. No. 352 of 2018. On the complaint of the petitioner. Crime No. 21 of 2018 was registered by the Pamarru Police 2. 2 Station, East Godavari District, for the alleged offences under Sections 427, 354, 324, 506 r/w 34 of the Indian Penal Code. The learned counsel for the petitioner submits that PW1 intends to 3. recall herself for adducing additional evidence to prove her case, and an application was filed on 04.07.2024. The learned Magistrate, after hearing both sides, dismissed the petition. It is submitted that the only reason assigned by the learned Magistrate for dismissing the petition was the non-mentioning of the delay in filing the petition under Section 311 of Cr.P.C. It is also submitted that the petitioner is a victim and a witness, and her evidence was not properly adduced at the time of deposing her evidence as PW1 in the chief examination. As such, after going through the evidence adduced, the petitioner intended to recall herself and adduce further evidence. On instructions from PW1, the learned Assistant Public Prosecutor filed an application without giving any reasons. The learned counsel for the petitioner submits that, as the de facto 4. complainant has not filed any application seeking permission to assist the prosecution, the application filed by the learned Assistant Public Prosecutor was filed without any details. Considering the allegations against the accused and the statement of 5. PW1, this Court is inclined to set aside the order passed by the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District, in CrI.M.P. No. 1395 of 2024 in 3 C.C. No. 352 of 2018, leaving it open for the petitioner to file a fresh application. The learned Magistrate shall decide the said application on its own merits and pass a reasoned order. With these observations, this Criminal Petition is allowed. 6. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Civil Judge(Junior Division) -cum-Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District 2. One CC to Sri. Bodapati Vamsi Krishna, Advocate [OPUC] 3. One CC to Sri Sade Naryana Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 5. Three CD Copies To, Pradesh at Stu sree HIGH COURT DATED;11/03/2025 ORDER CRLP.No.7070 of 2024 ALLOWING THE CRIMINAL PETITION