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2025 DAILYLAW 3559 (AP)

CHUNDI LAKSHMAMMA v. THE STATE OF ANDHRA PRADESH

CRLP/216/2021 · 2025-07-24

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010018892021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 216 OF 2021 PRATAPA Between; 1. Chundi Lakshmamma W/o.Late Chennaiah, aged 92 years R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District. 2. Chundi Subba Ratnamma W/o.Venkateshwarlu, aged 56 R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District. 3. Chundi years. Hari Gopal, S/o.Venkateshwarlu, R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR aged 40 years, Nellore District, aged 35 Nellore District. 4. Chundi Nagarjuna, S/o.Venkateshwarlu, R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR 5. Chundi years Venkateshwarlu, S/o.Chennaiah, aged 60 R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore 6. Chundi Akshith Reddy, S/o.Chundi years. District. Hari Gopal, aged 14 R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR years. Nellore District. ...PETITIONERS/ACCUSED N0.1 TO 6 AND 1. The State of Andhra Pradesh, Through Station House Officer Police Station, Duttalulru, SPSR Nellore Prosecutor, High Court of Andhra Pradesh at Amavarathi. , Duttaluru District. Rep. by its Public ...RESPONDENT 2. Srinivasulu Chinthalacheruvu, S/o.China Pullaiah, aged 27 years, Occ; Village Revenue Officer, Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District. ...RESPONDENT/DEFACTO COMPLAINANT of Cr.P.C praying that in the of Criminal Petition, the High Court may be pleased to quash the FIR.No.156 of 2020 on the file of Duttaluru Police Station, Duttaluru, SPSR Nellore lA NO: 2 OF 2021 Potition filed under Section 482 circumstances stated in the Memorandum of Grounds District. Petition filed under Section 482 of Cr.P.C praying that in the Petition, the High Court proceedings in the FIR.No.156 of , Duttaluru, SPSR Nellore District, circumstances stated in the Memorandum of Criminal may be pleased to grant stay all further | 2020 on the file of Duttaluru Police Station, pending disposal of the above CrI.Petition. lA NO: 1 OF 9n9A Between: The State of Andhra Pradesh, Through Station House Police Station, Duttalulru, SPSR Nellore f Public Prosecutor, High Court of Andhra Pradesh Officer, Duttaluru District. Represented by its I at Amavarati. ...PETITIONER/1®^ RESPONDENT AND 1. Chundi Lakshmamma, W/o.Late Chennaiah, R/o.Lakshmipuram Village, Duttaluru Mandal, 2. Chundi Subba Ratnamma, aged 92 years, SPSR Nellore District. W/o.Venkateshwarlu, aged 56 SPSR Nellore District. years. R/o.Lakshmipuram Village, Duttaluru Mandal, 3. Chundi Hari Gopal, R/o.Lakshmipuram Village, Duttaluru Mandal, S/o.Venkateshwarlu, aged 40 years SPSR Nellore District. 4. Chundi Nagarjuna, S/o.Venkateshwarlu, R/o.Lakshmipuram Village, Duttaluru Mandal 5. Chundi aged 35 , SPSR Nellore District. S/o.Chennaiah. aged 60 years. R/o.Lakshmipuram Village, Duttaluru Mandal. SPSR Nellore District 6. Chundi Akshith Reddy years. Venkateshwarlu S/o.Chundi Hari Gopal, aged R/o.Lakshmipuram Village, Duttaluru Mandal 14 years, SPSR Nellore District. ...respondents/petitioners S/o.China Pullaiah, aged 27 years, Occ; Lakshmipuram Village, Duttaluru 7. Srinivasulu Chinthalacheruvu Village Revenue Officer, SPSR Nellore District. Mandal, ...RESPONDENT/2''° RESPONDENT Petition filed under Section 482 of Cr.P.C circumstances stated in the Memorandum of Criminal may be pleased to vacate the i No.2of 2021 in Crl.P.No.216 of 2021. praying that in the Petition, the High Court interim Order dated 20.01.2021 passed in I.A Counsel for the Petitioners : Counsel for the Respondent No. SRI P.NAGENDRA REDDY 1 : MS.K.PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2 The Court made the following ORDER : 1 APHC010018892021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 216/2021 Between: 1.CHUNDI LAKSHMAMMA, W/0. LATE CHENNAIAH, AGED 92 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT. 2.CHUNDI SUBBA RATNAMMA,, W/0. VENKATESHWARLU, AGED 56 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT. 3.CHUNDI HARI GOPAL,, S/0. VENKATESHWARLU, AGED 40 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT. 4.CHUNDI NAGARJUNA,, S/0. VENKATESHWARLU, AGED 35 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT. 5.CHUNDI VENKATESHWARLU,, S/0. CHENNAIAH, AGED 60 YEARS, R/ O LAKSHMIPURAM VILLAGE NELLORE DISTRICT. DUTTALURU MANDAL, SPSR 6.CHUNDI AKSHITH REDDY,, S/0 CHUNDI HARI GOPAL, AGED 14 YEARS R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER DUTTALURU POLICE STATION, DUTTALULRU, SPSR 2 NELLORE DISTRICT. REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMAVARATHI 2.SRINIVASULU CHINTHALACHERUVU, S/0. CHINA PULLAIAH, AGED 27 YEARS OCC. VILLAGE REVENUE OFFICER. LAKSHMIPURAM VILLAGE, DUTTALURU MANUAL, SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 Court to quash the FIR.No.156 /2020 on the file of Duttaluru Police Station, Duttaluru, SPSR Nellore District lA NO: 1 OF 2021 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 dispense with the filing of certified copy of the FIR No. 156/2020 on the file of Dattaluru Police Station, Duttaluru, SPSR Nellore District. lA NO: 2 OF 2021 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 grant stay of all further proceedings in the FIR.No.156/2020 on the file of Duttaluru Police Station, Duttaluru, SPSR Nellore District pending disposal of the above CrI.P. in the interest of Justice. lA 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 may be pleased to vacate the interim order dated 20.01.2021 passed in I.A No. 2 of 2021 in CrI.P No. 216 of 2021 Counsel for the Petitioner/accused(S): 1.P NAGENDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 216/2021 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 Nos.1 to 6, seeking quashment of the proceedings pending against them in Crime No.156 of 2020, of Duttaluru Police Station, Duttaluru, SPSR Nellore District registered for the offences under Sections 353, 341,427, 109r/w34 of IPC. 2. Heard Sri P.Nagendra Reddy, learned counsel for the Petitioners/Accused Nos.1 to 6 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this Criminal petition is disposed of with the following; (2014) 8 see 273 4 a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above 6. crime, the petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. In the result, the Criminal Petition is disposed of. However, the Police 7. are directed to conclude the investigation and file a report according to law within a period of three (3) months from the date of receipt of copy of this Crder. As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- G.HELA NAIDU ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Duttaluru Police Station, Duttaluru, SPSR Nellore District. 2. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 4. Two CD Copies BSV TAC HIGH COURT DATED:25/07/2025 re? g 0 5 Al'G 20?5 p ^ . Current Section . ORDER CRLP NO. 216 OF 2021 .Co DISPOSING OF THE CRIMINAL PETITION