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2025 DAILYLAW 42869 (AP)

Sampathi Venkata Subbaiah v. The State of Andhra Pradesh

CRLP/1160/2024 · 2025-11-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010085932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1160/2024 Between: 1. SAMPATHI VENKATA SUBBAIAH, S/O.SAMPATHI SUBBARAYUDU, AGED ABOUT 39 YEARS, R/O.D.NO.2-3, ANANTHARAJUPURAM VILLAGESS POST, BADVEL MANDAL. YSR (KADAPA) DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR THROUGH BADVEL (U)P.S., YSR DIST, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. PASALA VEERAIAH, S/O. PEDDA VEERAIAH, AGED ABOUT 52 YEARS, R/O.PEDDA AGRAHARAM VILLAGE, BADVEL MANDAL, YSR (KADAPA) 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 may be pleased to grant stay of all further proceedings including appearance of the petitioner/Accused No.lin S.C.No. 231 of 2017 on the file of the Hon’ble Additional Assistant Session Judge (FTC), Rajampet at Badvel, pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2 The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/A.1, seeking to quash the Proceedings against him in SC No.231 of 2017 on the file of the Court of Additional Assistant Sessions Judge (FTC), Rajampet, Badvel. Heard learned counsel for the Petitioner. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent/State. Perused the material on record. Learned counsel for the Petitioner would submit that the deceased (Sampathi Chandrakala) is the wife of the Petitioner/A.1. Their marriage took place about seven years prior to the incident. The offences lodged against the Petitioner/A.1 are under Sections 498-A and 306 read with 34 IPC. Learned counsel would further submit that there is no prima facie ingredients of the offence made out in the charge sheet. At this juncture, learned counsel restricted the prayer and sought for a direction to dispense with the presence of the Petitioner before the trial Court and the Criminal Petition may be disposed of by giving liberty to the Petitioner to raise such contentions before the trial Court in defence. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 3 Considering the submissions made, the Criminal Petition is disposed of. Petitioner is at liberty to raise the present contentions before the trial Court in his defence. However, the presence of the Petitioner/A.1 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court with regard to the subject matter. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 1160 of 2024 21.11.2025 Mjl /*