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2025 DAILYLAW 34352 (AP)

PENTYALA VENKATA SUBBA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/7943/2022 · 2025-01-28

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010530262022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7943/2022 Between: Pentyala Venkata Subba Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. ANUP KOUSHIK KARAVADI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed by the petitioner/Accused, seeking quashment of the proceedings against him in PRC No.26 of 2021 on the file of Hon’ble Special Mobile Magistrate at Ongole. 2. Heard Mr.Anup Koushik Karavadi, learned counsel for the petitioner. 2 VJP,J Crl.P.No.7943 of 2022 3. Learned counsel for the petitioner would submit that the Police after due investigation filed charge sheet before the concerned Magistrate Court for the offence punishable under the Section 304-II IPC. 4. Learned counsel would further submit that against which they preferred revision was allowed, the offence is altered to Section 304(a) from 304-II of IPC. It is further represented that the learned Magistrate has taken cognizance of the offence under section 304(a) IPC. 5. Learned counsel would further submit that petition may be disposed of giving liberty to the petitioner to file a fresh petition. 6. Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent No.1 is in attendance. 7. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 8. Consider the submission the petition is disposed of the petitioner is 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: 28.01.2025 LSP 3 VJP,J Crl.P.No.7943 of 2022 207 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7943 of 2022 28.01.2025 LSP