I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10292 OF 2022 Between: Yeddanapudi Laxmi Rajendra Kumar, S/o.Late Surya Prakasa Rao a/a: 46 years, Occ. Business, R/o.LIG-179, Alakananda Colony, Contonment, Vizianagaram. ...PETITIONER/ACCUSED No.1 AND 1. The State of Andhra Pradesh, High Court of AP, Amravati. Rep. by Public Prosecutor, ...RESPONDENT/STATE 2. Nalluri Nagamani, W/o. N.Vinod Kumar, D/o.Late Sajja Yaswantha Rao, aged about; 44 Years, R/o.50-52-15/5, Plot No.HIG-16, North Extension, Seethammadara, Visakhapatanam. ...RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the proceedings against the petitioner in D.D.R.No.325 of 2021 on the file the VIII Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam. praying that in the I.A..NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the drcumstances stated in the Memorandum of Grounds of Criminal Petition, the IHigh Court may be pleased to dispense with the filing of certified of complaint in D.D.R.No.325 of 2021, on the file of the VIII Additional -'Z- \ ■ ■ copy Chief Metropolitan Magistrate Gajuwaka, Visakhapatnam, in the interest of justice. I.A, NO: 2 OF 2022 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 of all further proceedings including appearance of the petitioner in D.D.R.No.325 of 2021, on the file of VIII Additional Chief Metropolitan Magistrate Gajuwaka, Visakhapatna pending disposal of the criminal petition. m This petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K V L Narasimha Rao, Advocate for the Petitioner and the Public Prosecutor of High Court of Andhra Pradesh on behalf of the Respondent No.1 and Sri K.Jyothi Prasad, Advocate for the Respondent No.2. The Court made the following: APHC010700612022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10292/2022 Between: 1.YEDDANAPUDI LAXMI RAJENDRA KUMAR, S/0.LATE SURYA PRAKASA RAO A/A. 46 YEARS, OCC. BUSINESS, R/O.LIG-179, ALAKANANDA COLONY, CONTONMENT,VIZIANAGARAM. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMRAVATI. 2.NALLURI NAGAMANI, W/0. N.VINOD KUMAR, D/O.LATE SAJJA YASWANTHA RAO, AGED ABOUT. 44 YEARS,R/O.50-52-15/5, PLOT NO.HIG-16, NORTH EXTENSION, SEETHAMMADARA, VISAKHAPATANAM. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.KVLNARASIMHA RAO Counsel for the Respondent/complainant(S): 1.KJYOTH I PRASAD 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the Petitioner/Accused No.1, seeking to quash the proceedings against him in D.D.R.No.325 of 2021 on the file of the Court of VIII Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam District, for the offences punishable under Sections 354-E 427, 447, 506, 509 and 120B read with 34 of the Indian Penal Code, 1860\ 2. Heard Sri K.V.L.Narasimha Rao, learned counsel for the Petitioner, Sri K.Jyothi Prasad, learned counsel for Respondent No.2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent No.1/State. Learned counsel for the Petitioner would submit that. Respondent No.2 filed a private complaint and the learned Magistrate straightaway registered it as a case against the Petitioner herein and other Accused for the alleged offences and numbered the same as C.C.No.597 of 2021 and issued 3. summons to the Accused to appear before the Court. Learned counsel would further submit that, on appearance of the Accused before the Court, the said C.C.No.597/2021 was closed, however, it was mentioned in the case proceedings that, further proceedings of D.D.R.No.325 of 2021 are to be continued and communicate the same to the Complainant. Learned counsel would further submit that, even thereafter, without following the procedure contemplated under Section 200 Cr.P.C, the Court cannot issue notice to the Accused for their appearance before the Court. Learned counsel would further submit that, the summons which were issued contrary to Cr.P.C, is challenged before this Court in the present petition. 4. Learned counsel for Respondent No.2 would submit that they have nothing to do with the procedure which was followed by the learned Magistrate. In case of such irregularity, their interests may be protected by directing the trial Court to follow the procedure in accordance with law. for short iPC’ 3 % 5. Learned Assistant Public Prosecutor would submit that, Court may pass appropriate orders. The record shows that, a Coordinate Bench of this Court, after observing the irregular procedure which was adopted by the concerned Court, called for the record in this case. I have thoroughly scrutinized the record which was received the concerned Court. A private complaint has been filed without following the procedure contemplated under the Code and straight away the case was registered as C.C.No.597 of 2021 and issued to the Accused. For ready reference, the summons is extracted hereunder: 6. summons was "SUMMONS TO ACCUSED IN THE HONOURABLE COURT OF VIIIADDLCHIEF METROPOLITAN MAGISTRATE GAJUWAKA AT VISAKHAPATNAM C.C.No.597/2021 IN Cr.No. of P.S. To A1: Yeddanapudi Laxmi Rajendra Kumar, S/o.Surya Prakasha Rao, 43 years, LIG -179, Alakananda Colony, Vizianagaram. Whereas your attendance is necessary to give evidence/answer to the charges under sections 354-E, 427, 447, 506, 509, 120B read with 34 IRC. You are hereby directed to appear before VIII Add!. Chief Metropolitan Magistrate’s Court, Gajuwaka at 10.30 a.m., on 19/1/2022 without fail. Dated this the 5‘^ day of October, 2021. VIII Add!. Chief Metropolitan Magistrate, Gajuwaka. ” ' -4 4 7. It was also brought to the notice of the Court that C.C.No.597 of 2021 was closed and the Court Proceedings to that effect are extracted hereunder: "Perused the above office note and verified the record. The facts and circumstances mentioned in the office note are considerable^ Hence, the case as C.C.No.597/2021 is hereby closed. Further proceedings of DDR 325/2021 are to be continued. Communicate the same to the complainant." The impugned summons issued by the trial Court are extracted 8. hereunder; "SUMMONS TO ACCUSED IN THE HONOURABLE COURT OF VIIIADDL. CHIEF METROPOLITAN MAGISTRATE GAJUWAKA AT VISAKHAPATNAM DDR.No.325/2021 IN Cr.No. of P.S. To A1: Yeddanapudi Laxml Rajendra Kumar, S/o.Surya Prakasha Rao, 43 years, LIG -179, Alakananda Colony, Vizianagaram. Whereas your attendance is necessary to give evidence/answer to the charges under sections 354-E, 427, 447, 506, 509, 120B read with 34 IPO You are hereby directed to appear before VIII Addl. Chief Metropolitan Magistrate’s Court, Gajuwaka at 10.30 a.m., on 28/11/2022 without fail. Dated this the 11^^ day of November, 2022. VIII Addl. Chief Metropolitan Magistrate, Gajuwaka. ” The record does not show any sworn statement of the Complainant and 9. the witnesses recorded by the learned Magistrate much less any order passed taking cognizance of the said offences. In the present case, the procedure adopted by the learned Magistrate is unknown to law. As per the procedure, in warrant cases otherwise than on Police report, the Accused may have an opportunity to cross examine the witnesses twice. Viewed from any angle, there is clear irregularity in proceeding with the 10. private complaint, which was filed by Respondent No.2 before the concerned In that view, the summons, which was issued to the Magistrate’s Court. Accused, which are impugned herein, are liable to be quashed. 11. In the result, the Criminal Petition is allowed and the impugned summons is hereby quashed. Learned Magistrate is directed to follow due process of law. Registry is directed to return the file to the concerned Court forthwith. Pending miscellaneous petitions, if any, shall stand closed. Sd /- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The VIII Additional Chief Metropolitan Visakhapatnam, Visakhapatnam District. 2. One CC to Sri K V L Narasimha Rao, Advocate [OPUC] 3. One CC to Sri K Jyothi Prasad, Advocate [OPUC] [OUT^^^ Prosecutor of High Court of Andhra 5. Three CD Copies Magistrate Gajuwaka, Pradesh GPC TF HIGH COURT DATED: 18/02/2025 ORDER CRLP.No.10292 of 2022 ALLOWING THIS CRLP