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2025 DAILYLAW 32337 (AP)

Venuthurla Sulochana, v. The State of Andhra Pradesh,

CRLP/9420/2025 · 2025-09-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010475932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI T WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9420 OF 2025 BETWEEN: Venuthurla Sulochana, W/o. Venuthurla Siva Koti Reddy, aged about 40 years, Occ:- Labour, R/o. H.No.1/17, Nandyalampalli Village, Simhadripuram Mandal, YSR Kadapa District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through Station House Officer, Simhadripuram Police Station, YSR Kadapa District. 2. C Shudeer, S/o Late Subba Rayudu, Aged about 38 years, Occ:- Govt, Official Gazetteed, Enforcement deputy Tahsildar (CSDT), Civil supply Deputy Tahsildar, Pulivendula NTR District. N/o Muddonuru village and Mandal, ...Respondents/Complainant Petition under Section 482 of Cr.P.C Old Act U/s. 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in Crime No. 127 / of 2025 on the file of Simhadripuram Police Station, YSR Kadapa District, dated 02-07-2025. lA NO: 2 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 to stay of all further proceedings including arrest of the petitioner/Accused herein in Crime No. 127 of 2025 on the file of Simhadripuram Police Station, YSR Kadapa District, dated 02-07-2025. Counsel for the Petitioner:- SRI SRAVAN KUMAR NAIDANA Counsel for the Respondents:- PUBLIC PROSECUTOR The Court made the following Order: APHC010475932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9420/2025 Between; W/0 VENUTHURLA SIVA KOTI 1.VENUTHURLA SULOCHANA AGED ABOUT 40 YEARS, OCCU- LABOUR, SIMHADRIPURAM »j R/0 REDDY, H.NO.1/17, NANDYALAMPALLI VILLAGE, MANDAL, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT THROUGH STATION HOUSE OFFICER, PROSECUTOR, AMARAVATI, SIMHADRIPURAM POLICE STATION, YSR KADAPA DISTRICT. 2.C SHUDEER, S/0 LATE SUBBA RAYUDU, AGED ABOUT 38 YEARS, OCC- GOVT, OFFICIAL GAZETTEED TAHSILDAR(CSDT), PULIVENDULA, N/0 MUDDONURU VILLAGE AND MANDAL, NTR DISTRICT. ENFORCEMENT DEPUTY CIVIL SUPPLY DEPUTY TAHSILDAR, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused; 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S); 2 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9420/2025 Y 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 Petitioner/Accused, seeking quashment of the proceedings pending against her in Crime No. 127 of 2025 on the file of Simhadripuram Police Station, YSR Kadapa District registered for the offences punishable under Sections 6(A), 7(1) of Essential Commodities Act, 1955. Heard Sri Sravan Kumar Naidana, learned counsel for the 2. Petitioner/Accused and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in 3. Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as follows. “10. In view of the guideline No. 3 in Bhajanlal’s case (supra), the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of the alleged offences by the Petitioner/Accused No. 3. As such, this Court finds that there are justifiable grounds to exercise its jurisdiction under Section 482 Cr.P.C. 4 Therefore, as the very ingredients of the offending Sections are not attracted against the Petitioner/Accused No.3, the criminal proceedings initiated against him are liable to be quashed. 11. In result, the Criminal Petition is allowed and the proceedings against Petitioner/Accused No.3 in C.C.No.113 of 2019 on the file of the Court of Judicial Magistrate of First Class, Dhone for the offence under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed.” 4. Hence, following the said Order passed by this Court Petition No.3243 of 2022, dated 31.12.2024, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, quashing the proceedings against the petitioner in Crime No. 127 of 2025 the file of Simhadripuram Police Station, YSR Kadapa District registered for the offences punishable under Sections 6(A), 7(1) of Essential Commodities Act, 1955. in Criminal on As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Dhone, Kurnool District. Officer, Simhadripuram Police Station, YSR Kadapa District. 3. One CC to Sri. Sravan Kumar Naidana, Advocate [OPUC] 4 Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ■ [OUT] 5. Two C.D Copies. 2. The Station House HIGH COURT DATED:10/09/2025 ORDER CRL.P.NO. 9420 OF 2025 ^ OF I ? n SEP 2025 ^ . Current Section . m ALLOWING THE CRIMINAL PETITION