f' M APHC010548692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 3 0? WEDNESDAY THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8811 OF 2024 Between: 1. Potnuru Sravan Kumar, S/o Minnarao, Aged about 35 years 1-232, Than sahib peta, Kalingapatnam-532406, Srikakulam District. (A2) 2. Potnuru Kranthi, S/o Minnarao, Aged about 38 years. Door No. 1-232, Than sahib peta, Kalingapatnam-532406, Srikakulam District. (A3) ...Petitioner/ Accused 2 & 3 Door No. AND 1. The State Of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh. Amravati. 2. Station House Officer, Gara P.S., Gara Mandal, Srikakulam District. 3. Chatia Trinadharao, S/o late Appanna, aged about 42 years, R/o. Thansaibpeta village, Gara Mandal, Srikakulam District. ...Respondents 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 charge sheet in C.C.NO. Judicial Magistrate of First 341, 324, 323 r/w Act against the pleased to quash Honorable Court of Srikakulam under Sections Sec 131 RP High Court may be the file of the (Special Mobile court) at 147,148 r/w the 720/2024 on Class of IPC and 149 34 No.2 and 3. petitioners/Accused 1/^ 1 OF 2024 c and 528 of BNSS praying that in the of Criminal Petition the proceedings and s/Accused 2 &3 in Section 482 of Cr.P Memorandum of Grounds grant stay of all further of the petitioner: Petition under stated in the be pleased to circumstances High Court may consequently dispensing the presence Honorable court of Judicial Magistrate of the file of the till the CC.NO. 720/2024 on Class (Special Mobile further proceedings of the Main Quash court) at Srikakulam till the disposal First disposal of the Main Petition in the Quash Petition interest of the justice MURALI MOHAN Petitioner(S);SRl S Respondents No.1,2. Respondent No.S'.SRl N Counsel for the Counsel for the Counsel for the The Court made the following: ; PUBLIC PROSECUTOR B CHANDRA SEKHAR APHC010548692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8811/2024 Between: 1.POTNURU SRAVAN KUMAR, S/0 MINNARAO, AGED ABOUT 35 YEARS, DOOR NO. 1-232, THAN SAHIB PETA, KALINGAPATNAM- 532406, SRIKAKULAM DISTRICT. (A2) 2.POTNURU KRANTHI,, S/0 MINNARAO, AGED ABOUT 38 YEARS. DOOR NO. 1-232, THAN SAHIB PETA, KALINGAPATNAM-532406, SRIKAKULAM DISTRICT. (A3) ..PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. AMRAVATI. 2. STATION HOUSE OFFICER, GARA P.S. SRIKAKULAM DISTRICT. GARA MAN DAL, 3.CHATIA TRINADHARAO, S/0 LATE APPANNA, AGED ABOUT 42 R/0. THANSAIBPETA VILLAGE, GARA MANDAL, YEARS SRIKAKULAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the charge sheet in C.C.NO. 720/2024 on the file of the Honorable Court of Judicial Magistrate of First Class (Special Mobile court) at Srikakulam under Sections 341, 324, 323 r/w 34, 147,148 r/w 2 r' 149 of IPC and Sec 131 RP Act against the petitioners/Accused No.2 and 3 and pass lA 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 pleased to grant stay of all further proceedings and consequently dispensing the presence of the petitioners/Accused 2 &3 in CC.NO. 720/2024 on the file of the Honorable court of Judicial Magistrate of First Class (Special Mobile court) at Srikakulam further proceedings till the disposal of the Main Quash Petition till the disposal of the Main Quash Petition in the interest of the justice and pas Counsel for the Petitioner/accused(S): 1.SMURALI MOHAN Counsel for the Respondent/complainant(S): 1.N B CHANDRASEKHAR 2.PUBLIC PROSECUTOR 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners are arrayed as accused Nos.2 and 3 in C.C.No.720 of 2024 on the file of Judicial Magistrate of First Class, Special Mobile Court, Srikakulam, for alleged offences under Sections 341, 324, 323 read with 34, 147, 148 of IPC and Section 131 of R.P. Act. Learned counsel for the petitioners submits that a small 2. altercation which occurred on account of political differences between two groups is as resulted in filing a false complaint against the petitioners. It is submitted that there are no specific allegations against the petitioners attributing the alleged offences for their acts. It is submittedthat the petitioners are now residing at Hyderabad and doing some private jobs. Pendency of this case though they are not specifically responsible for commission of the alleged offences, a false complaint was registered and police after investigation filed charge a sheet and the same was taken on file as C.C.No.720 of 2022. Learned counsel appearing for the 3'^'^ respondent submits that as seen from the complaint or from the charge sheet, there are specific allegations against the accused A1 to A7 and there are direct eye-witnesses in form of LW2 to LW5, who speaks about the incident and involvement of the petitioners in commission of the said offences. It is also submitted that under Section 34 of IPC, the petitioners would also be responsible for punishment. 3. 4 's'. 'm V 5 4. Heard learned counsel for the petitioners and learned Assistant appearing for the State and learned counsel for the Public Prosecutor respondent. Perused the record. 5. The witnesses 2 to 5 are stated of the statements, they have specifically stated about incident on that day. All the said police by narrating the incident. All these i would have to be decided by the trial Court with otherwise of the petitioners. Considering the submissions as eye-witnesses and on perusal the occurrence of the eye-witnesses have deposed before the issues are triable and the matter regard to the involvement or 6. of learned counsel for the petitioners that the petitioners are doing some private jobs in Hyderabad and would be difficult to appear before the Court, their dispensed with, except on the dates when their presence i directed by the learned Magistrate, for the presence is hereby IS necessary, as purpose of trial. Accordingly, the Criminal Petition is disposed of. As a sequel, miscellaneous applications pending. 7. 8. if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class (Special Mobile court) at Srikakulam 2. The Station House Officer, Gara P.S., Gara Mandal, Srikakulam District. 3. One CC to Sri. S Murali Mohan Advocate [OPUC] 4. One CC to Sri. N B Chandra Sekhar Advocate [OPUC] 5. Two CCs to The Public Prosecutor, High Court of AP [OUT] 6. Two CD Copies MKP nm J HIGH COURT DATED;25/06/2025 ORDER CRLP 8811/2024 DISPOSING THE CRLP