YARRAMANENI JYOTHIRMAI v. THE STATE OF ANDHRA PRADESH
CRLP/10022/2022 · 2025-02-13
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38013 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38013 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH ::
THURSDAY ,THE THIRTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE :: AMARAVATI FEBRUARY PRESENT THE HONOURABLE DR JUSTICE VENKATA CRIMINAL PETITION NO: 10022 OF 2029 JYOTHIRMAI PRATAPA Between:
1. Yarramaneni Jyothirmai, W/o. Purnachandra yrs., R/o. Gandhinagar, Vijayawada, Krishna District
2. Yarramaneni Amulya, D/o. Purnachandra yrs., R/o. Gandhinagar, Vijayawada, Krishna
3. Bollu Rajya Lakshmi, W/o. Venkateswara r yrs., R/o. Gandhinagar. Vijayawada, Krishna rao, Hindu, Aged about 55 rao, Hindu, Aged about 29 District, Rao, Hindu, Aged about 72 District, ...Petitioners/Accused No. 3,4 & 5 AND
1. The State of Andhra Pradesh, Rep. by of Andhra Pradesh, Amaravathi,
2. Yarramaneni Chaithanya, W/o. Vijay, Hindu, Aged about 32 yrs., R/o Gandhinagar, Pamarru Village and Mandal its Public Prosecutor, High Court Krishna District, ...Respondents Petition under Section 482 of Cr.P.C praying that in the of Criminal Petition, for the records relating to C.C. No. circumstances stated in the Memorandum of Grounds the High Court may be pleased to call
1130/2021 in the Additional Judicial First Class Gudivada, Krishna District, and QUASH the Magistrate Court a\ same.
I.A. NO: 1 OF 7C\oo Petition under Section 482 circumstances stated in the Memorandum of Grounds the High Court may be pleased to stay of all further No. 1130/2021 in the Additional Judicial First Class Gudivada, Krishna District, and Petition. of Cr.P.C praying that in the of Criminal Petition, proceedings in C.C. Magistrate Court at pending disposal of the above Criminal This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri and the Assistant Public Prosecutor on behalf of the Respondent No.1 and None for Respondent V. Venkata Subbaiah, Advocate for the Petitioners No.2 The Court made the following:
1 Dr.VJPJ; CrI.P.No.10022/2022 APHC010682542022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ip [3396] 0?
THURSDAY. THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10022/2022 Between: ...PETITIONER/ACCUSED(S) Yarramaneni Jyothirmai and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused{S):
1,E SAMBASIVA PRATAP Counsel for the Respondent/complainant{S);
1. PUBLIC PROSECUTOR (AP) The Court made the following:
2 Dr.VJPJ; Crl.P.No.10022/2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10022/2022
ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short,
“Cr.P.C.”) has been filed by the Petitioners/ Accused Nos.3 to 5, seeking quashment of the proceedings pending against them in C.C.No.1130 of 2021 on the file of Additional Judicial First Class Magistrate Court at Gudivada, Krishna District.
2. Heard Sri V.Venkata Subbaiah, learned Counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Notice is served on the respondent No.2 none appeared.
3.
Learned Counsel for the petitioners would submit that the petitioners herein are the Accused Nos. 3 to 5 who are the mother, married sister, maternal grandmother of A-1. A-1 is the husband of the respondent No.2 i.e., defacto complainant. Learned counsel would submit that except omnibus allegations, nothing in specific is against the petitioners to continue criminal proceedings. Learned counsel would further submit that after the marriage of A1 and the respondent No.2, they resided at Chandigarh and later at Delhi whereas, A3 and A5 are residents of Vijayawada. A-4 being the married sister, she is working as Software Engineer at Bangalore and staying at her ^ matrimonial house. Only to trouble all the family members, they were roped into criminal case. Learned counsel finally prays for quashment of the case against A-3 to A-5. 3 Dr.VJPJ; Crl.P.No.10022/2022
4. Learned Assistant Public Prosecutor vehemently opposed the petition. Learned Assistant Public Prosecutor would further submit that there are specific allegations made against the Accused Nos. 3 & 5. The case cannot be quashed against them. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders regarding Accused No.4 who is the married sister. 5. Considering the submissions made and on a fair look at the contents of the complaint, as rightly put by the learned Assistant Public Prosecutor, there are specific allegations made against the Accused Nos. 3 & 5 regarding demand of additional dowry and also receiving that additional dowry in presence of some witness. When there is verifiable material against A-3 & A-5 which requires investigation at the full length of trial, it is not desirable to quash the case against them. Coming to the case against the A-4, who is the married sister working as Software Engineer at Bangalore is concerned, the allegations made against her are vague and omnibus. In that view, continuing criminal proceedings against her is mere abuse of process of law. In the result, the Criminal Petition is partly allowed quashing the criminal
6. proceedings qua A-4, however the proceedings against A-3 and A-5 shall continue. Miscellaneous petitions pending, if any, shall also stand closed. Sd/- K SRINIVASA RAJU ASSISTANT,REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Additional Judicial First Class Magistrate Court at Gudivada, Krishna District. To,
2. The Station House Officer, Pamarru Police Station, Krishna District. ^
3. One CC to Sri V Venkata Subbaiah, Advocate [OPUC]
4.
Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT]
5. Three CD Copies i- at Stu sree
HIGH COURT DATED: 13/02/2025
ORDER CRLP.No.10022 of 2022 ^ % 'I 2 ^ MAR 2025 S Current section .
ALLOWING THE CRIMINAL PETITION IN PART v^-.rrss^r'J-: