IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7459 OF 2024 Between: Korada Lakshman Kumar, S/o Shankar Rao, aged 40 years, Resident of D.No.6-64/1, Visakhapatnam District. Vemula valasa village, Anandapuram Mandal, ...Petitioner/Sole Accused AND 1. The State Of Andhra Pradesh, Through its Public Prosecutor, High Court of Andhra Pradesh. At Amaravati. 2. DSRVSN Murthy, Assistant Commissioner of Police, Women Police Station, Visakhapatnam City. ...COMPLAINANT 3. Smt. Korada Girija, W/o Lakshmana Kumar Rao, Aged 26 years, Pandellapalli village, Vetapalem Mandal, near Cheerala, Prakasam District. ...RESPONDENTSA^ICTIM Petition under Section 528 of B.N.S.S. (Under Section 482 of Cr.P.C.,) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash all further proceedings in C.C.No. 462 of 2019 on the file of the Court of XV Addl. Metropolitan Magistrate at Bheemunipatnam, in so far as the petitioner is concerned, in the interest of justice I.A. NO: 2 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 C.C.No. 462 of 2019 on the file of the Court of XV Addl. Metropolitan Magistrate at Bheemunipatnam, pending disposal of the main Criminal Petition I.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the original certified copy of the said in C.C.No. 462 of 2019 on the file of the Court of XV Addl. Metropolitan Magistrate at Bheemunipatnam against petitioner/accused This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gudivada Sharmila Naidu, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and none appeared for the Respondent No.2 & 3 The Court made the following order: .''■f-v APHC010465272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7459/2024 [3457] Between: Korada Lakshman Kumar ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: I.Gudivada Sharmila Naidu Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is arraigned as accused in CC.No.462 of 2019 for the alleged offence under Section 498-A, 342 of IPC and Section 3 of Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation to the State Mahila Commission and the said complaint was forwarded to the police for investigation. The 3'''^ respondent is arraigned as listed witness No.2. II2II 2. The learned counsel for petitioner submits that the only allegation on which the petitioner is implicated in this case is that the petitioner had provided food from the hotel to the S'"'' respondent when she was pregnant. The learned counsel for the petitioner submits that though the calendar case is of the year 2019, the S'"'’ respondent did not appear for giving evidence and as such the evidence of listed witness 2 to 7 was closed and the learned Magistrate has recorded that several adjournments were granted for appearance of listed witnesses 2 to 7 and inspite of granting several opportunities for adducing evidence of listed witnesses 2 to 7 they did not appear before the Court for adducing evidence. As such, the evidence of listed witnesses 2 to 7 was closed on 10.01.2025 and summons were issued to listed witnesses 8 to 14. 3. The learned counsel for the petitioner submits that the allegations of the demand for dowry and etc., are made against the petitioner’s parents, however they are not arraigned as accused. It is also submitted that the only allegation against the petitioner is that he did not provide food cooked at home for the 3'"'' respondent while she was pregnant. On these grounds the police have laid a charge sheet and the same is taken on file. Notice issued to the 3'^^ respondent is served, there is no representation for the 3''^ respondent. 4. Perused the entire record except for the allegation that the petitioner has not provided home food and provided food from the hotel cannot constitute an offence under Section 498-A IPC. 5. Listed witnesses 11 and 12 speaks about the free movement of LW.2 (respondent No.3) in the house and that she was not confined and that LW.2 (respondent No.3) was provided food every day from the hotel. As such, the allegation of Section 342 IPC cannot be sustained. For these grounds this Court is inclined to quash CC.No.462 of 2019 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam. 6. Accordingly, the criminal petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The XV Addl. Metropolitan Magistrate at Bheemunipatnam One CC to Sri. Gudivada Sharmila Naidu, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] Three CD Copies 2. 3. 4. VNA i .. ^ • HIGH COURT DATED:25/03/2025 ORDER CRLP.No.7459 of 2024 WoTahds; X (I J APR 2025 ^ . Current section ^V' m Co, ALLOWING THE CRIMINAL PETITION L