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2025 DAILYLAW 45096 (AP)

Y.KAMAKSHI v. THE STATE OF ANDHRA PRADESH

CRLP/7471/2022 · 2025-02-27

Venkata Jyothirmai Pratapa

Special Leave Petitionbody2025

Judgment text

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y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7471 OF 2022 :V/ Between: W/O Venkatesh, Aged about 35 years, R/o. Rekulakunta Bukkaraya Samudram Mandal, Anantapur Aged about 45 years, R/o. Rekulakunta Bukkaraya Samudram Mandal. Anantapur. ’ Rekulakunta. fathl^Y Venk£^ Kuilay"appa'’“^’ 4. M. Narayanamma, W/o. M. Ramudu. Aged about 40 Rekulakunta. Bukkaraya Samudrani Mandal, Anantapur. ...PETITIONER/ACCUSED No.1 to 4 years. R/o. AND ^ ■ Hkfh Pradesh, Represented by the Public Prosecutor, Prad^h^^ Andhra Pradesh, Amaravati, Andhra SislPcfAndti'ra^pfaS^' 3. Moolinti Lakshmi, W/o. M. Ramanj ineyulu, Aged about 35 Rekulakunta, Bukkaraya Samudram Mandal, Anantapur. ...RESPONDENT/COMPLAINANTS years, R/o. 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 FIR No. 213/2022 on the file of Bukkaraya Samudram Police Station, Anantapur, against the Petitioners who are arrayed as Accused No 1 to 4 for the alleged commission of offences under Sections 341, 324,506 and 509 r/w 34 of Indian Penal Code, 1860. \ y • ‘ ' This Petition coming on for hearing, upon perusing the Memorandum ■ ' ' of Groilinds of Criminal Petition and upon hearing the arguments of Sri DoddaJa Prudhvi Teja, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. and of Sri Y. Rama Chandra Reddy Advocate for the Respondent No.3. The Court made the following: ORDER APHC010491442022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY. THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7471 OF 2022 Between: Y.Kamakshi and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. DODDALA PRUDHVI TEJA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. RAMACHANDRA REDDY Y The Court made the following: ORDER: The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”), has been filed by the Petitioners/ Accused No.1 to 4, seeking quashment of the proceedings pending against them in FIR No. 213 of 2022 of Byukkaraya Samudram Police Station, Anantapuramu. I 2. Heard Sri D. Purdhvi Teja, learned counsel for the petitionersand Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. *“J) During the course of arguments, learned counsel for the petitioners 3. would submit that they restricted their relief only to the extent of A-3, who is juvenile in conflict with law. As can be seen from the record, there are specific allegations against 4. Accused 1, 2 and 4 to attract the offences alleged under Sections 341, 324, 506, 509 read with 34 of IPC. Perusal of the record would further show that there is a counter case in Crime No.212 of 2022 on the file of Bukkaraya Samudram Police Station for the offences under Sections 448, 324, 323 and 509 read with 34 IPC, which was registered based on the complaint lodged by Petitioner No.1 herein with regard to the same incident. Such being the case. this is not the stage to decide as to who is the victim and who is the offender in the incident, since the investigation is not completed. In such circumstances, this Court finds that there are no grounds for quashmentof the case. Coming to the case of A-3, he is the Juvenile in Conflict with Law. Therefore, the Juvenile Police Unit is directed to follow the procedure as contemplated under Juvenile Justice Act. 5. With the above direction, the Criminal Petition is dismissed for A-1, A-2 and A-4 and disposed of against A-3. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, OfTicer, Bukkaraya Samudram Police Anantapur District, Andhra Pradesh Station, 2. One CC to Sri Doddala Prudhvi Teja, Advocate [OPUC] 3. One CC to Sri Y. Rama Chandra Reddy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three C.D. Copies. SD Cnr HIGH COURT DATED:28/02/2025 ORDER CRLP.No.7471 of 2022 I 0 8 SEP 2025 g) DISMISSING THE CRIMINAL PETITION