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2025 DAILYLAW 38178 (AP)

JANAPAREDDY KOTESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/10246/2022 · 2025-02-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010698492022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10246/2022 Between: JANAPAREDDY KOTESWARA RAO, AGED 42 YRS S/O LATE APPA RAO, R/O REBAKA VILLAGE, NAKKAPALLIMANDAL, VISHAKAPATNAM DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, AMARAVATHI RESPONDENT/COMPLAINANT 2. JANAPAREDDYNAGESWARA RAO, AGED 39 YRS S/O LATE APPA RAO, NAVAL DOCK YARD EMPLOYEE R/OD.NO. 1-20, REBAKA VILLAGE, NAKKAPALLIMANDAL, VISHAKAPATNAM DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. HARISH KUMAR RASINENI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused, to quash the proceedings against him in C.C.No.2866 of 2021 on the file of the Court of Additional Judicial Magistrate of First Class, Yalamanchili for the offences under Sections 447, 427, 323, 506 and 509 of Indian Penal Code. 2 2. Heard Sri Harish Kumar Rasineni, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent/State. 3. Learned counsel for the Petitioner would submit that a false case has been lodged against the Petitioner. Learned counsel would further submit that there is abnormal delay of seven months in giving report to the Police. It is submitted that, even on the face of it, the allegations made in the complaint do not attract the offences alleged against the Petitioner. Learned counsel prays for quashment of the case against the Petitioner. 4. Learned Assistant Public Prosecutor opposed the petition and would submit that, it is not a fit case for quashment. 5. A this stage, learned counsel for the Petitioner would submit that the petition may be disposed of by giving liberty to the Petitioner to raise all his contentions before the trial Court. 6. Considering the submission made and on a bare perusal of the material on record, since there are no grounds for quashment, the criminal petition is disposed of. However, the Petitioner is at liberty to raise all his contentions before the trial Court and the learned trial Judge may appreciate the same and take appropriate decision in accordance with law. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.02.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10246 of 2022 Dt.05.02.2025 Dinesh