Anuboyina Gopala Rao @ Gopi, v. The State of Andhra Pradesh,
CRLP/2847/2025 · 2025-03-17
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43490 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43490 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2847 OF 2025 Between: Anuboyina Gopala Rao @ Gopi, S/o Nookaraju, age 44years, C/o Settibalija, R/o Dr.No.2-59/1, Pavara village, Samalkot Mandal Kakinada District, Andhra Pradesh. ...PETITIONER/ACCUSED AND
1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court at Amaravathi
2. Ulisetti Satya Devi, W/o Rammohan, Aged about 62years, R/o Dr. No.2- 44-1/60, Venkat Nagar, Kakinada, Kakinada District, Andhra Pradesh ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in C.C.No.96/2023 on the file of the Hon’ble Special Mobile Judicial First Class Magistrate, Kakinada for the offences U/Sec 447, 427, 506 r/w 34 of I PC. I-A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to dispense with the filing of the certified copy the charge sheet vide C.C.NO 96 OF 2023 on the file of Hon’ble Special Mobile Judicial First Class Magistrate, Kakinada. LA. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court be pleased to stay all further proceedings including appearance of may petitioners in C.C.No.96/2023 on the file of the Hon’ble Special Mobile Judicial First Class Magistrate, Kakinada for the offences Section 427,447 and 506 R/w 34 of IPC during pendency of criminal petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G V V S Vara Prasad Advocate for the Petitioner and the Public Prosecutor, on behalf of the Respondent The Court made the following order:
> APHC010117802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2847/2025 Between: Anuboyina Gopala Rao @ Gopi, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. G VV S VARA PRASAD Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR The Court made the following:
THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION N0.2847 OF 2025
ORDER:
1. Heard the learned counsel for the petitioner.
2. The learned counsel for the petitioner submits that the petitioner arraigned as A.2 in C.C. No.96 of 2023 on the file of the Special Mobile Judicial First Class Magistrate, Kakinada, for the alleged offences under Sections 447, 427, 506 read with Section 34 of the Indian Penal Code,
1860.
3. It is submitted that the petitioner along with others are alleged to have trespassed into the property of the 2^^^^ respondent/ de facto complainant and also damaged the iron fencing, etc. The learned counsel further submits that the petitioner’s role was not stated by any of the witnesses except the 2'^'^ respondent/ de facto complainant.
4. Considering the submissions, this Court is inclined to dispose off the criminal petition, by dispensing with the presence of the petitioner/A.2in C.C. No.96 of 2023 on the file of the Special Mobile Judicial First Class Magistrate, Kakinada, subject to filing an undertaking to appear before the learned Magistrate as and when required for the purpose of the trial.
5. Accordingly, the criminal petition is disposed off.
6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. was Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ^EC^ION OFFICER To,
1. The Special Mobile Judicial First Class Magistrate, Kakinada.
2 The VI Addl. Judicial Second Class Magistrate Kakinada. The Station House Officer Sarpavaram Police Station East Godavari District. One CC to Sri G VV S Vara Prasad, Advocate [OPUC] to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] Two CD Copies '
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6. RAM
high Court s DATED : 18/03/2025 andS^ 0 17 APR 2025 ' ^ . Current Seciion
ORDER CRLP.No.2847 of 2025 DISPOSING THE CRLP