KATAKAM VEERA VENKATA GANESH v. The State of Andhra Pradesh
CRLP/5666/2022 · 2025-02-02
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43689 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43689 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5666 OF 2022 Between:
1. Katakam Veera Venkata Ganesh, S/o.Ventateswara Rao, aged 39 years Occ.Pvt.Service, R/o. D.No.2-91B, near Ramalayam, Nandarada village, Rajanagaram mandal, East Godavari District ...PETITIONER/ACCUSED AND
1. The State of Andhra Pradesh, Rep. by Public Prosecutor High Court for the State of Andhra Pradesh at Amaravathi ' ' ' ' r«
2. Putta Rinimol, W/o. Putta Sudhakar Aged 36 years, Occ.Pvt.Employne R/o. D. No. 23-20-34, Sai Raghavaram Apartment, Flat NO. 103 Lalitha Nagar, 1st street, Rajahmundry East Godavari District. ...RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C. 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.4033 of 2021 on the file of Hon'ble IV Additional Judicial First Class Magistrate Court, Rajamahendravaram, E.G. Dt
I.A. NO: 1 OF 2022 ^ Petition under Section 482 of Cr.P.C., praying that in the clrGumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including personal appearance of the petitioner/accused in C.C.No.4033 of 2021 on the file of Hon'ble IV Additional Judicial First Class Magistrate Court, Rajamahendravaram, E.G.Dt This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N ASHWANI KUMAR, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No. 1 and of Sri VENKATA NARAYANA VEDULA, Advocate for the Respondent No.2 The Court made the following order: ‘ -S
APHC010378122022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5666/2022 Between: Katakam Veera Venkata Ganesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused;
1.NASHWANI KUMAR Counsel for the Respondent/complainant(S):
1 .VENKATA NARAYANA RAO VEDULA
2.
PUBLIC PROSECUTOR (AP) The Court made the following ORDER: ...RESPONDENT/COMPLAINANT{S) The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner/Accused seeking quashment of the proceedings against him in C.C.No.4033 of 2021 on the file of IV Additional Judicial First Class Magistrate, Rajamahendravaram . 2. Heard Ms. K.Rithvika
learned counsel, representing Sri N.Ashwani Kumar,
learned counsel for the petitioner and Sri Venkata Narayana Rao Vedula, learned counsel for the respondent No.2
2 3- Ms.K.Priyanka Lakshmi. the State/Respondent No. learned Assistant Public Prosecutor for
"I is in attendance. 4-
Learned counsel for the herein is the sole accused i petitioner would submit that counsel would submit that a petitioner •n this case. Learned false case has been lodged against him. Learned \ counsel would submit that defacto-complainant i from her first husband i.e. respondent No.2 herein has not obtained divorce marriage with the petitioner. before the
Learned counsel would further submit petitioner and that there was an understanding between respondent No.2 respondent No.2, wherein agreement not to intervene in the life of the petitioner, further submit that executed an
Learned counsel would petitioner and respondent No.2 of money, she has for recovery of money counsel would finally submit there are money disputes between counsel would further submit that petitioner. Only for the sake respondent No.2. L&arned IS demanding money from the lodged this false against the case against him. A suit has been filed respondent No.2. Learned that continuing criminal proceedings against the accused is mere abuse of process of law.
5. Per contra, learned raised in the present counsel for the respondent No.2 would submit petition are matter of defence. that the contentions This Court cannot Section 482 of the Code. appreciate the evidence while exercising the jurisdiction further submit that prima offence lodged against the petitioner under
Learned counsel would facie, there are allegations to attract the
3 under Section 498-A IPC. Learned counsel finally submits that this is not a fit case for quashment and prays for dismissal of the petition. \
6. Considering the submissions made and a fair look at the contents \ of the complaint as rightly put by learned counsel for the respondent No.2, verifiable material which requires investigation at the full length of trial is present in this matter. The alleged agreement dated 04.02.2021 said to have been executed by respondent No.2 not to interfere in the life of the petitioner, and also the contention that respondent No.2 has not obtained divorce from her first respondent before contacting the second marriage, her matter of defence. in that view, it is not a fit case for quashment. In the light of
7. allegations, prima facie to attract the offence under Section 498-A of IPC, the petition is liable to be dismissed.
8. In the result, petition is dismissed. However, petitioner is at liberty to raise all the contentions before the trial Court in his defence and learned trail Judge may proceed and take appropriate decision according to law.
9. It is made clear that this Court has not expressed anything touching the merits of the case.
4 Consequently, miscellaneous petitions, pending if any, shall stand closed.
Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The IV Additional Judicial First Class Magistrate Court, Rajamahendravaram, East Godavari District
2. One CC to SRI N ASHWANI KUMAR, Advocate [OPUC]
3. One CC to SRI VENKATA NARAYANA VEDULA, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
5. Three CD Copies i- ' , gsg
HIGH COURT DATED: 03/02/2025
ORDER [ 2 3 JUN 2025 ■ CRLP.No.5666 of 2022 Co Secti< ★ -SiSfiais DISMISSING THE CRIMINAL PETITION