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2025 DAILYLAW 38307 (AP)

SABBAVARAPU SRINU v. STATE OF ANDHRA PRADESH

CRLP/10345/2022 · 2025-02-05

Venkata Jyothirmai Pratapa

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Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE Dr SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10345 OF 2022 Between: Sabbavarapu Srinu, aged about 31 Madhavarao, R/o.Sharabula Street, Sathivada Village Mandal, Vizianagaram District, Andhra Pradesh - 535218. years, S/o.Sabbavarapu Nellimarla ...Petitioner/Accused No.4 AND 1. State of Andhra Pradesh, Represented by the Station House Officer, CID AP., Amaravati Mangalagiri PS, Guntur District, Represented through SPL Public Prosecutor, CID, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. 2. G.Ravi Kumar, aged about 32 years, S/o.Apparao, R/o.Sangayigudem Village, Devarapalli Mandal, East Godavari District, Andhra Pradesh. ...Respondents/Defacto Complainant Petition filed 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 to Quash the FIR No.55 18.08.2022 on the file of CID AP., Amaravati, Mangalagiri PS., Guntur District for the offences punishable under Sections Penal Code, 1860. of 2022 dated; 420 r/w 34 of Indian LA. NO: 1 OF 2097 Petition filed under Section circumstances stated Petition, the High Court 482 of Cr.P.C praying that in the in the Memorandum of Criminal Miscellaneous may be pleased to grant stay all further proceedrngs, including stay of arrest of the Petitioner OF 2022 dated 18.08.2022 herein in FIR.No.55 on the file of CID AP., Amaravati, Mangalagiri S., Guntur District pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum Of Grounds of Criminal Petition and upon hearing the arguments of Sri N and Smt K.Priyanka Lakshmi. on behalf of the Respondent No.1 and Ashwani Kumar, Advocate for the Petitioner the Assistant Public Prosecutor none appeared for Respondent No.2 The Court made the following ORDER : APHC010706372022 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: 10345/2022 Between: Sabbavarapu Srinu ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.N ASHWANI KUMAR Counsel for the Respondent/complainant(S): 1.Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID) The Court made the following: 2 It* ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/Accused No.4 seeking quashment of the proceedings against him in FIR No.55 of 2022, on the file of CID, A.P., Amaravathi Mangalagiri Police Station, Guntur District. 2. Heard Sri N.Ashwani Kumar, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioner would submit that the petitioner, herein/A.4, is innocent. Nothing is alleged against him in the FIR. Learned counsel would further submit that the petitioner was named as Accused No. 4 in the remand report for the first time. Learned counsel also submits that allegations have been made against the petitioner regarding receiving any amount from the complainant, and that continuing the criminal proceedings against the petitioner is a mere abuse of the process of law. 3. no Per contra, learned Assistant Public Prosecutor, vehemently opposing the prayer, would submit that there are specific allegations against the petitioner. This is not a fit case for quashing the proceedings. The FIR is only the initial step in the investigation, and during the course of the investigation, the role of the petitioner has been unearthed by the police. The learned Assistant Public Prosecutor prays for the dismissal of the petition. 4. w mmm 3 Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned counsel for the petitioner, the name of the petitioner is not mentioned in the FIR. However, as rightly put by the learned Assistant Public Prosecutor, the role of the petitioner was uncovered during the investigation. There are specific allegations against the petitioner, attributing his role in assisting the prime accused in this case. 5. 6. In that view, there is a verifiable material which requires investigation at the full length of trail in this case. This is not a fit case for quashment. This Criminal Petition is devoid of merits. 7. In the result, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SDI- A.VIJAY BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, CID Police Station, Andhra Pradesh Amaravati, Mangalagiri, Guntur District. 2. One CC to Sri N Ashwani Kumar Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies BSV TAC w HIGH COURT DATED:05/02/2025 ORDER CRLP.No.10345 of 2022 ^oTand^ * 2 8 MAR 2025 mi a Co. ^ . Current Secuon DISMISSING THE CRIMINAL PETITION