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2025 DAILYLAW 40306 (AP)

Choppa Laxmi v. The State of Andhra Pradesh

CRLP/12568/2025 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010612052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12568/2025 Between: 1. CHOPPA LAXMI, W/O CHINNARAO, AGED 26 YRS, R/O SATTIVANIPALEMVILLAGE, PENDURTHY, VISAKHAPATNAM 2. CHOPPA SIRISHA, W/O KRISHNA, AGED 20 YRS, R/O SATTIVANIPALEMVILLAGE, PENDURTHY, VISAKHAPATNAM 3. CHOPPA ATCHIYYAMMA, W/O DEMUDU, AGED 54 YRS, R/O SATTIVANIPALEM VILLAGE, PENDURTHY, VISAKHAPATNAM ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PRACECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.THROUGH PENDURTHY POLICE STATION VISAKHAPATNAM CITY. 2. CHOPPA VASANTHA, D/O APPALARAJU,AGED ABOUT 16 YRS,R/O SATTIVANIPALEM VILLAGE,PENDURTHY MANDAL,VISAKHAPATNAM CITY ...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 may be pleased to quash the proceedings against the Petitioners/A3 to A5 in C.C NO. 1220 OF 2018 1st Additional Chief Metropolitan Magistrate at Vishakhapatnam and pass such other order or 2 orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, IA NO: 1 OF 2025 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 condone the delay of 8 days in representing the above CRLP No. 12568 of 2025 and pass IA NO: 2 OF 2025 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 stay all further proceedings including appearance of the Petitioners in C.C NO. 1220 OF 2018 1st Additional Chief Metropolitan Magistrate At Vishakhapatnam pending the Criminal Petition before this Hon’ble Court in the interest of Justice and pass Counsel for the Petitioner/accused(S): 1. B.SUDHAKAR KUMAR 2. B SUDHAKAR KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12568/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos. 3 to 5, seeking quashment of the proceedings pending against them in C.C.No.1220 of 2018 on the file of I Additional Chief Metropolitan Magistrate at Visakhapatnam, for the offences punishable under Sections 354, 324, 323 r/w 34 of IPC. 2. Heard Sri B.Sudhakar Kumar, learned counsel for the Petitioners and Mrs.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 without causing any prejudice to the rights and contentions of the petitioners by dispensing the presence of the Petitioners before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the Petitioners. However, the presence of the Petitioners/Accused Nos.3 to 5, before the Trial 4 Court is dispensed with, unless their presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12568/2025 Dated.04.12.2025 UPS 180