THAMANAM SAMPATH KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/10286/2022 · 2025-02-10
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46991 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46991 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10286 OF 2022 Between:
1. Thamanam Sampath Kumar, S/o. Padmarao, Aged 35 employee. Electrician in OHE Department, Near Krishna Canal Station, Krishna Canal. 2. Medida Vijaya Durga, W/o Medida Anand, Aged about 41 M.R. Nagar, Bapatia Town, Now Bapatia District. 3. Thamanam Kanakaratnam, W/o. Padmarao, Aged about 62 M.R. Nagar, Bapatia Town, Now Bapatia District. years. Railway Railway years, R/o. years, R/o. ...PETITIONERS/ACCUSED AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. 2. Thamanam Surekha, W/o. Sampath Kumar, Aged about 35 Bathula Somaiah, R/o. Etheru Village, Bapatia Mandal, Bapatia District. ...RESPONDENTS/COMPLAINANT years, D/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 may be pleased to quash the proceedings in C.C.No.356 of
2017 on the file of the Court of Judicial First Class Magistrate, Bapatfa Til the interest of justice. I.A. NO: 2 OF 2022 .. --f 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 petitioner in CC.No.356 of 2017 on the file of the Court of Judicial First Class Magistrate, Bapatla. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAJA REDDY KONETI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following Order:
i APHC010700672022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10286/2022 [3396] Between:
1.THAMANAM SAMPATH KUMAR, S/0. PADMARAO, AGED 35 YEARS, RAILWAY EMPLOYEE, ELECTRICIAN IN OHE DEPARTMENT, NEAR KRISHNA CANAL RAILWAY STATION, KRISHNA CANAL. 2.MEDIDA VIJAYA DURGA, W/Q MEDIDA ANAND, AGED ABOUT 41 YEARS, R/0. M.R. NAGAR, BAPATLA TOWN, NOW BAPATLA DISTRICT. 3.THAMANAM KANAKARATNAM, W/0. PADMARAO, AGED ABOUT 62 YEARS, R/0. M.R. NAGAR, BAPATLA TOWN, NOW BAPATLA DISTRICT 4 ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.
BY ITS PUBLIC PROSECUTOR, HIGH COURT; BUILDINGS, AMARAVATHI. 2.THAMANAM SUREKHA, W/0: SAMPATH KUMAR, AGED ABOUT 35 YEARS, D/0. BATHULA SOMAIAH, R/0. ETHERU VILLAGE, BAPATLA MANDAL, BAPATLA DISTRICT. 1 ■1 . ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
1. RAJA REDDY KONETI Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP) The Court made the following:
ORDER: ft The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the Petitioners/Accused Nos.1 to 3, seeking to quash the proceedings against them in C.C.No.356 of 2017 on the file of the Court of Judicial First Class Magistrate, Bapatia, for the offences 1
punishable under Sections 498-A, 323 and 509 read with 34 of the Penal Code, 1860^ and Sections 3 and 4 of the Dowry Prohibition Act, 1961^.
2. Heard Sri Raja Reddy Koneti, learned counsel for the Petitioners Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for No. 1/State. Though notice was sent to Respondent No.2 her behalf.
3.
Learned counsel for the Petitioners would submit that there specific allegations against the Petitioners in the commission of the alleged offences.
Learned counsel would further submit that a false case has been foisted against the Petitioners with bald and omnibus Indian and Respondent none appeared on are no allegations. Learned ^ counsel would further submit that, the allegations mentioned in the charge sheet and the statements of the witnesses, do not disclose any offence against the Petitioners.
Learned counsel would pray for quashment of the case againstthe Petitioners.
4. Per contra, learned Assistant Public Prosecutor would trial is going on before the trial Court and at this stage Petitioners cannot be quashed. Hence, prayed for dismissal of the submit that the the case against the petition. As seen from the material on record, in view of the submission of the learned Assistant Public Prosecutor that that trial has been
5. commenced, this Court called for the report of the learned trial Judge with regard to the stage of the matter. Accordingly, the learned trial Judge has submitted a report dated 11.02.2025 stating that, in the above case, P.Ws.1 and 2 were examined. for short ‘IPC’ ^ for short ‘DP Act’ li
I 3 Ex.P.1 was marked and the matter is pending for the evidence of rest of the also issued to L.Ws.3 to 9. 4^ witnesses and summons were fair look at the material the submissions made and a record, as rightly put by ithe learned Assistant Public Prosecutor, at the stage of part heard, this Court is of the view that. Petitioners cannot be quashed by 6, Considering placed on since the above C.C is at this stage, the proceedings against the 482 Cr.P.C., and hence, the petition exercising the jurisdiction under Section is liable to be dismissed.
7. In the result, the Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.
Sd/-K KASIRAO ACHARI assistant registrar * i\ ! //TRUE COPY// SECTION OFFICER \ To, Judicial First Class Magistrate, Bapatla.
2. The Station House Officer
3. One CC to Sri
4. Two CCS to Public Prosecutor,
5. Three CD Copies
1. The Bapatla Rural Police Station. Bapatla. Raja Reddy Koneti, Advocate [OPUC] High Court of Ahdhra Pradesh [OUT] Pmg vna
I HIGH COURT DATED;11/02/2025 qPDER CRLP.No.10286 of 2022 I »1 M ^ Current Section . m DISMISSING THE CRLP