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2025 DAILYLAW 3301 (AP)

MOGILI BRAHMAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/788/2024 · 2025-08-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010015522024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 788 OF 2024 Between: 1. MOGILI BRAHMAIAH, S/o. Nagaiah, 40 years, Occ Private Employee, R/o.H.No. 18-385, Mallikarjuna Nagar, Near Railway station Malkajgiri, Rangareddy (D), TeXangana 2. Mogili Nagalakshmi, W/o. Brahmaiah, 39 years, Occ House Wife, R/o.HNo. 18-385, Mallikarjuna Nagar, Near Railway station Malkajgiri, Rangareddy (D), Telangana 3. Ponnarasu Srinivasarao @ Srinu, S/o. Rosaiah, 41 years, Occ Coolie, R/o.H.No. 4-299, Velpuru (V), Guntur (D), Andhra pradesh 4. Anagani Radha, D/o. Lakshmi, 33 years, Occ Hous 385, Near S B H Bank, Malkajgiri, Rangareddy (D), Telangana 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. State House Officer, Sub Inspector Of Police, Macherla Guntur (Palnadu) District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 788 OF 2024 1. MOGILI BRAHMAIAH, S/o. Nagaiah, 40 years, Occ Private Employee, 385, Mallikarjuna Nagar, Near Railway station Malkajgiri, Rangareddy (D), TeXangana 2. Mogili Nagalakshmi, W/o. Brahmaiah, 39 years, Occ House Wife, R/o.HNo. karjuna Nagar, Near Railway station Malkajgiri, Rangareddy 3. Ponnarasu Srinivasarao @ Srinu, S/o. Rosaiah, 41 years, Occ Coolie, 299, Velpuru (V), Guntur (D), Andhra pradesh 4. Anagani Radha, D/o. Lakshmi, 33 years, Occ House Wife, R/o.H. No. 18 385, Near S B H Bank, Malkajgiri, Rangareddy (D), Telangana ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. State House Officer, Sub Inspector Of Police, Macherla Urdan P.S, Macherla Guntur (Palnadu) District IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. MOGILI BRAHMAIAH, S/o. Nagaiah, 40 years, Occ Private Employee, 385, Mallikarjuna Nagar, Near Railway station Malkajgiri, 2. Mogili Nagalakshmi, W/o. Brahmaiah, 39 years, Occ House Wife, R/o.HNo. karjuna Nagar, Near Railway station Malkajgiri, Rangareddy 3. Ponnarasu Srinivasarao @ Srinu, S/o. Rosaiah, 41 years, Occ Coolie, e Wife, R/o.H. No. 18- ...Petitioners 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Macherla Urdan P.S, 3. Ragiri Sri Lakshmi, W/o. Srinivasa Rao, 42 Years 17th ward, Macherla town, Guntur (Palnadu) District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to Quash the Charge Sheet filed in C.C.No. 250 of 2023 on the file of the Junior Civil Judge Macherla, Guntur District filed and pending against the Petitioners/Accused 3 to 6 and pass IA NO: 1 OF 2024 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 pleased to Condone the delay of 17 days in representing the Crl.P.S.R. 289/2024 and pass IA NO: 2 OF 2024 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 Pleased to Grant Stay of all further proceedings including the personal appearance of the Petitioners/Accused 3 to 6 from the day to day proceedings in C.C.No. 250 of 2023 on the file of the Junior Civil Judge, Macherla, Guntur District pending disposal of the main Criminal Petition and pass Counsel for the Petitioners: SHAIK JAHANGEER BASHA Counsel for the Respondents: G VIJAYA SARADHI Counsel for the Respondents:PUBLIC PROSECUTOR (AP) The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 788 OF 2024 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioners/Accused, seeking quashment of the charge-sheet in C.C.No.250 of 2023 on the file of the learned Junior Civil Judge, Macherla, Guntur. 2. Sri Shaik Jahangeer Basha, learned counsel for the petitioners seeks the permission of this Court to withdraw the petition with a liberty to challenge the charge-sheet. 3. Permission is accorded. 4. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State is in attendance. 5. In that view, the Criminal Petition is dismissed as withdrawn. However, the petitioners are at liberty to file a fresh petition, if so advised. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date:22.08.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 788 OF 2024 22.08.2025 KKV