APHC010141802021 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2260 OF 2021 Between: Maddi Srinivasa Rao, S/o. Late Appa Rao, Aged: 40 years, R/o H.No.1-67 Maddivanipalem, Teja Public School, Pedagantyada, Visakhapatnam. ...Petitioner/a-3 AND 1. State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Smt. Battu Surya Kumari, W/o. Late Sanyasi Rao, Aged- 39 years, R/o H.No.7-97, Pittavanipalem, Pedagantyada, Visakhapatnam-530 031. ...Respondents 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 may be pleased to quash all further proceedings in F.I.R.No.147 of 2021 of Duvvada Police Station, Visakhapatnam. lA NO: 2 OF 2071 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 may be pleased to pass an interim stay of all further proceedings i F.I.R.No.147 of 2021 of Duvvada Police Station, Visakhapatnam. lA NO: 1 OF 2024 in Petition under Section 528 of BNSS, 2023 (u/s 482 of Cr.P.C) and praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the Fligh Court may be pleased to extend the interim dated; 09-04-2021 passed in CRL.P.No.2260 of 2021. Counsel for the Petitioner: SRI K. JYOTHI PRASAD Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: -- The Court made the following ORDER: order APHC010141802021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2260/2021 Between: 1.MADDI SRINIVASA RAO,, S/0 LATE APPA RAO, AGED- 40 YEARS R/0 H.NO.1-67, PEDAGANTYADA, VISAKHAPATNAM. MADDIVANIPALEM,TEJA PUBLIC SCHOOL, ...PETITIONER/ACCUSED AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2.SMT BATTU SURYA KUMARI, W/0 LATE SANYASI RAO, AGED- 39 PEDAGANTYADA, YEARS, R/0 H.NO.7-97, PITTAVANIPALEM VISAKHAPATNAM- 530 031. ...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 Courtpleased to quash all further proceedings in F.I.R.No.147 of 2021 of Duvvada Police Station, Visakhapatnam in respect of the petitioner is concerned, in the interest of justice and to pass lA NO: 1 OF 2021 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 dispense with requirement of filing certified r ^ - 2 copy of FIR in Cr.No.147 of 2021 of Duvvada Police Station, Visakhapatnam, and to pass lA NO: 2 OF 2021 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 pass an interim stay of all further proceedings in F.I.R.No.147 of 2021 of Duvvada Police Station, Visakhapatnam, including his arrest, during the pendency of the above Criminal Petition in the interest of justice and to pass lA NO: 1 OF 2024 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 may be pleased to extend the interim order dated: 09-04-2021 passed in CRL.P.No. 2260 of 2021, pending disposal of the above main Criminal Petition, in the interest of justice and to pass Counsel for the Petitioner/accused: 1.KJYOTHI PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) ‘■ti% 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2260/2021 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C) has been filed by the Petitioner/A-3, seeking quashment of the proceedings pending against him in FIR No.147 of 2021 of Duvvada Police Station, Visakhapatnam for the alleged offences punishable under Sections 307, 323, 341, 427, 509, 506 and 109 r/w 34 of I PC. 2. Heard Sri K. Jyothi Prasad, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that the accused No.3/petitioner herein was not present at the alleged scene of offence at the relevant time. He never played any role in the alleged incident. Learned counsel for the petitioner would further submit that even as per the contents of the information submitted to the police by the respondent No.2, nothing is alleged against the accused No.3, except stating that he belongs to the opposite party and at his instance, accused Nos. 1 and 2 attacked the respondent No.2, while she was going in a car. Learned counsel for the petitioner would further submit that basing on the confessional statement of the accused Nos. 1 and 2, the petitioner/accused No.3 was implicated in this case. By this time, investigation is completed, because there is no stay to stall 3. the investigation. Learned counsel for the petitioner would further submit that the investigation is completed, charge sheet was also filed and it was returned, since there is an order passed by this Court not to take any coercive steps. Learned counsel for the petitioner finally submits that the protection which was given to the petitioner may continue and a direction may be given to the petitioner to appear before the concerned Court and produce sureties to assure his presence during the trial. 4. Learned Assistant Public Prosecutor for the State would submit that though accused Nos.1 and 2 attacked the respondent No.2, accused No.3 is the beneficiary for the said attack. Accused No.3 was defeated in the hands of the respondent No.2 as Corporator. Learned Assistant Public Prosecutor would further submit that coming to the point of protection which was given to the petitioner by virtue of interim orders passed by this Court dated 09.04.2021, the Court may pass appropriate orders. 5. Considering the submissions and on a fair look at the material placed on record, as rightly put by learned counsel for the petitioner, it is alleged against the petitioner that because he belongs to the opposite group, the respondent No.2 thought that at his instance, the alleged attack was done by the accused Nos.1 and 2. The fact remains that the physical presence of the petitioner at the scene of offence was not there. As can be seen from the record, a Co-ordinate Bench of this Court vide Order dated 09.04.2021, has given interim protection to the petitioner directing the police not to take any coercive steps against him without stalling the investigation. As the 5 investigation is completed, charge sheet also appears to have been filed, no purpose would be served by arresting the petitioner except to secure his presence for the trial. In that view, it is apposite to dispose of the present petition, directing the police to proceed further in this matter and file a report according to law. On filing of such report, learned Judge, in case of taking cognizance for the offences alleged against the petitioner, may issue notice and the petitioner shall appear before the Court and produce sureties to the satisfaction of the concerned Court to assure his presence for the Trial. 5. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR I //TRUE COPY// S SECTI^OFF/^CER 1. The Station House Cfficer, Duvvada Police Station, Visakhapatnam. 2. Cne CC to Sri. K. Jyothi Prasad, Advocate [CPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Amaravati. [CUT] 4. Two CD Copies To, Pradesh at Chp sree HIGHPOURT DATED:05/08/2025 ORDER CRLP NO. 2260 OF 2021 DISPOSING OF THE CRIMINAL PETITION