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2025 DAILYLAW 44819 (AP)

KONDEPU SURESH BABU v. THE STATE OF ANDHRA PRADESH

CRLP/4792/2025 · 2025-04-29

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINALPETITION NO: 4792 OF 2025 Between: 1. Kondepu Suresh Babu, S/o. Late Subba Rao, aged 36 years, r/o. Plot No.53, Swami Vivekananda Colony, Dommara Pochampally, Dundigal Mandal, Medchal District, Hyderabad, Telangana State. 2. Kondepu Nagamani, W/o. Late Subba Rao, Aged 75 years Dr.No.15-390, 4th Road, Venkata Narasimhapuram colony Gannavaram Mandal, Kesarapalle, Krishna District, A.P. 3. Kondepu Ramesh Babu, S/o. Late Subba Rao, Aged 42 years Dr.No.15-390, 4th Road, Venkata Narasimhapuram colony, Gannavaram Mandal, Kesarapalle, Krishna District, A.P. 4. Kondepu Sri Lakshmi, W/o. Ramesh Babu, Aged 42 years, Dr.No. 15- Road, Venkata Narasimhapuram colony, Gannavaram Mandal, Kesarapalle, Krishna District, A.P. th 390, 4 ...Petitioner/Accused No. 1 to 4 AND 1. The State Of Andhra Pradesh, rep. by its Public Prosecutor High Court of Andhra Pradesh. (Crime No.58 of 2025 of Mahila Police Station, Guntur) 2. Kondepu Kavitha Bhavani, (defacto complainant) W/o. Suresh Babu Age of 28 years, Saripadu village, Medikonduru Mandal, Guntur District, within the limits of Mahila Urban P.S. ...Respondents/Defacto Complaint A-'- 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 the proceedings in Crime No. 58 of 2025 on the file of Women P.S., Guntur Urban, against the petitioners/Accused No. 1 to 4 herein. ■ * I.A. NO: 1 OF 2025 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 dispense with filing of the certified copies of FIR No.58 of 2025 on the file of Mahila Urban Police Station, Guntur. I.A. NO: 2 OF 2025 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 stay all further proceedings including appearance of the Petitioners/Accused 1 to 4 in FIR No.58 of 2025 on the file of Mahila Urban Police Station, Guntur, during the pendency of the Criminal Petition before this Hon'ble Court. This Petition coming on for hearing Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K H V Siva Kumar, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1; upon perusing the The Court made the following order: CRLP. No.4792 of 2025 ‘O APHC010212872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4792/2025 Between: Kondepu Suresh Babu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.KHVSIVA KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) CRLP. No.4792 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4792 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitionerswas arraigned as A.1 to A.4 in Crime No.58 of 2025 of Mahila Urban Police Station, Guntur District I registered for the alleged offences under Section 85 of the Bharatiya Nyaya Sanhita \ 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on the complaint of the 2"^ respondent. 3. The learned counsel for the petitioners submits that on account of marital discord, the petitioners were falsely implicated in the present crime. The learned counsel further submits that the police have issued a notice under Section 35(3) of the B.N.S.S. 4. The veracity of the allegations made in the complaint would come to light during the course of the investigation. At this juncture, the Court is not inclined to interfere in the investigation. Furthermore, the offences alleged against the petitioners would attract a punishment of less than seven years. 5. Considering the submission that A.1 was served with the notice under Section 35(3) of B.N.S.S., the Station House Officer, Mahila Urban Police Station. Guntur District, is directed to complete the investigation CRLP. No.4792 of 2025 by issuing notice to the petitioners under Section 35(3) of the Bharatiya® Nagarik Suraksha Sanhita, 2023who have not yet served, for the purpose of investigation in connection with Crime No.58 of 2025. This order would not preclude the investigation officer from filing a charge sheet or final report after completion of the investigation. Accordingly, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. 6. 7. Sd/- G HELANAIDU ASSISTANT REGISTRAR r ^ //TRUE COPY// SECTION OFFICER To The Station House Officer, Womens P.S. Guntur Urban, Guntur Dist. 2. Smt. Kondepu Kavitha Bhavani, (defacto complainant) W/o. Suresh Babu, Age of 28 years, Saripadu village, Medikonduru Mandal, Guntur District. 3. One CC to Sri K H V Siva Kumar Advocate [OPUC] 4. Two CC copies to the Public Prosecutor, High Court of A.P., [OUT 5. Three CD Copies 1 Srm HIGH COURT DATED:30/04/2025 ORDER CRLP.No.4792 of 2025 DISPOSING OF THE CRIMINAL PETITION.