APHC010422562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8524/2025 Between: 1. N PAVAN KUMAR, S/O N. SYAMA SUNDAR NAIDU, AGED NOW ABOUT 47 YEARS, R/O 19-14-11, RAGHAVENDRA NAGAR, TIRUPATI. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF A.P., AMARAVATI. 2. R MAHESWARI, AGED ABOUT 38 YEARS OLD, D/O R. MUNASWAMY NAIDU, RESIDENT OF D.NO. 2-311/1A, S.V. COLLEGE ROAD, KONGAREDDI PALLI VILLAGE, CHITTOOR DISTRICT AND NOW RESIDING AT 2111 WELCH ST, APT B311, HOUSTON, TEXAS 77019-5654, U.S.A. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. PARTY IN PERSON Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8524/2025 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner-in-person seeking quash of the proceedings in Crl.M.P. No. 3156 of 2022 in CC.No. 303 of 2019 on the file of III Addl. Judicial First Class Magistrate, Tirupati. 2. Heard Mr. N. Pavan Kumar, learned petitioner-in-person and Ms. K. Priyanka Lakshmi, learned Asst. Public Prosecutor, on behalf of the state. 3. Learned Petitioner-in-person would submit that he is son of the defacto- complainant and father of the victim son, who is a minor. The petitioner in Crl.M.P.No. 3156 of 2022 is Accused No.1 in CC.No. 303 of 2019 and she is charged under sections 363, 452, 471, 473, 120B, 324 IPC r/w 34 IPC and she is the 2nd respondent herein. The 2nd respondent is wife of the petitioner- in-person and it is alleged against her that she abducted her minor son from custody of the petitioner-in-person and took the child out of India by evading look out circulars. Therefore, a crime was registered against her and other accused and the police after due investigation, filed chargesheet against 2nd respondent herein along with open dated non-bailable warrant requisition for her arrest as she was absconding and living in USA. The summons in CC.No. 303 of 2019 were served upon the 2nd respondent through Ministry of Home Affairs, India. The 2nd respondent without ever appearing before the Trial Court even after receiving of summons, got filed the discharge petition under 3 Sec.239 Cr.P.C. which is not maintainable. Learned petitioner-in-person prays to allow the petition by quashing the discharge petition filed by the 2nd respondent, pending before the Trial Court. 4. Per contra, learned Assistant Public Prosecutor would submit that the petitioner filed the present petition at a premature stage and prays to dismiss the petition. 5. Considering the submissions made and a fair look at the record would show that the petitioner-in-person filed the present petition seeking quash of the discharge petition filed by the 2nd respondent, which is still pending before the Trial Court. As rightly put by the learned Assistant Public Prosecutor, the petitioner approached this Court at a premature stage since the Trial Court has not yet taken decision regarding the discharge petition filed by the 2nd respondent. Coming to the contention of the petitioner-in-personthat the 2nd respondent has not appeared before the Trial Court even after receipt of summons but got filed the discharge petition through her advocate,the 2nd respondent got filed Special Vakalat vide Crl.M.P. No. 1723 of 2021 and the same is allowed and as per the Bar Council Rules, it is the bounden duty of the advocate to put forth the interests of his client before the court. There is no bar in the Criminal Procedure Code that would restrain the accused from filing discharge petition through advocate, without ever appearing before the court.The petition is nothing but a sheer abuse of process of law and is devoid of merits and it deserves dismissal. 4 6. In the result, the criminal petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 14.08.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8524/2025 Dated.14.08.2025 UPS 265