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2025 DAILYLAW 32215 (AP)

Sankarasetty Suresh, v. State of Andhra Pradesh,

CRLP/7589/2024 · 2025-07-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010473602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Si' FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7589 of 2024 Between: Sankarasetty Suresh, S/o. Prasad, Aged about 31 years, R/o. D. No. 46-139-1716, 1 temple, Ongole, Prakasam District. St lane, Samatha Nagar, Near Venkateswaraswamy ...Petitioner/Respondent AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh. 2. Sankarasetty Durga Lakshmi, W/o. Suresh, Aged about 24 years, Occ; Private Teacher, R/o. Katurivaripalem Village, Podili Mandal, Prakasam District. 3. Sankarasetty Nishikanta (Minor), S/o. Suresh, Aged about 06 years, R/o. Katurivaripalem Village, Podili Mandal, Prakasam District. 4. Sankarasetty Jagadish Kumar (Minor), S/o. Suresh, Aged about 05 years, R/o. Katurivaripalem Village, Podili Mandal, Prakasam District. (Respondents 3 and 4 are the rep. by 2"*^ respondent who is their mother) ...Respondents/Petitioners Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) • -.‘i *-■ praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order dated 31-05-2022 in CrI. M.P. No.3455 of 2019 in M.C. No. 10 of 2019 on the file of the Judicial Magistrate of First Class, Podilli, and the order dated 04-09-2024 in CrI. M. P. No. 205 of 2023 in CRP. CFR No. 311 on the file of the Principal District and Sessions Judge Court, Ongole, Prakasam District. lA NO: 2 OF 2024 Petition under Section 528 of BNSS (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 stay of all further proceedings in order dated 31-05-2022 in CrI. M.P. No.3455 of 2019 in M.C. No. 10 of 2019 on the file of the Judicial Magistrate of First Class, Podilli, Prakasam District. Counsel for the Petitioner : Sri Koti Reddy idamakanti Counsel for Respondent No.1 : Public Prosecutor Counsel for Respondent Nos.2 to 4: Sri S Dilip Jaya Ram The Court made the following order: .'7^ APHC010473602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 7589/2024 [3396] ■ h*..fX Between: SANKARASETTY SURESH,, S/0. PRASAD, AGED ABOUT 31 YEARS, R/0. D. NO. 46-139-1716, 1ST LANE, SAMATHA NAGAR. NEAR VENKATESWARASWAMY TEMPLE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2.SANKARASETTY DURGA LAKSHMI, , W/0. SURESH, AGED ABOUT 24 YEARS, OCC PRIVATE TEACHER, R/0. KATURIVARIPALEM VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT. 3.SANKARASETTY NISHIKANTA MINOR, S/O. SURESH, AGED ABOUT 06 YEARS, R/0. KATURIVARIPALEM VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT. 4.SANKARASETTY JAGADISH KUMAR MINOR, S/O. SURESH, AGED ABOUT 05 YEARS, R/0. KATURIVARIPALEM VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT. (RESPONDENTS 3 AND 4 ARE THE REP. BY 2ND RESPONDENT WHO IS THEIR MOTHER) ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent/complainant(S): 1.S DILIP JAYA RAM 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition under Section 482 of Criminal Procedure Code, 1973 has been filed, by the Petitioner / Respondent seeking to quash 2 the Order dated 31.05.2022 in Crl.M.P.No.3455 of 2019 in M.C.No.10 of 2019 on the file of the Court of Judicial Magistrate of First Class, Podili. 2. When the matter is taken up for hearing, Sri S.Dilip Jayaram, learned counsel for Respondents / Wife and children would submit that the matter is coming up for orders in M.C.No.10 of 2019 before the trial Court. Sri Koti Reddy Idamakanti, learned counsel for the Petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the Petitioner before the trial Court. Considering the submissions made, the Criminal Petition is disposed of. However, the learned Magistrate is requested to dispose of the matter expeditiously as possible without granting any adjournments in a casual manner by mere asking. Pending applications, if any, shall stand closed. 3. 4. as Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Judicial Magistrate of First Class, Podilli, Prakasam District. 2. The Principal District and Sessions Judge Court, Cngole, Prakasam District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] 5. One CC to Sri S Dilip Jaya Ram, Advocate [OPUC] 6. Two CD Copies TK sree HIGH COURT DATED:01/08/2025 ORDER CRLP No.7589 of 2024 Sf 0 9 SEP 2025 rm I Co' DISPOSING THE CRIMINAL PETITION