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2025 DAILYLAW 4754 (AP)

MUNUBARTHI BRAHAMJI v. The State of Andhra Pradesh,

CRLP/525/2022 · 2025-01-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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0^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 525 OF 2022 Between: Munubarthi Brahamji, S/o. Late Satya Rao, Aged about 37 Caste. Kamsali years R/o. Govindamma Colony, Ankupalem Village Chodavaram Mandal, Visakhapatnam District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent 2. The Station House Officer, Chodavaram Police Station, Chodavaram Mandal, Visakhapatnam District. Andhra Pradesh. ...Defacto Complainant/Respondent Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings in Crime No. 578 of 2019 on the file of Chodavaram Police Station, Visakhapatnam Rural, Visakhapatnam District. i.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime No. 578 of 2019 on the file of Chodavaram Police Station, Visakhapatnam Rural, Visakhapatnam District, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s P. Saraswathi, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondents. on The Court made the following ORDER: % AP'rICOI 0036202022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 525/2022 Between; Munubarthi Brahamji ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.PSARASWATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following; 2 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the petitioner/accused, seeking quashment of the proceedings against him in Crime No.578 of 2019, on the file of the Chodavaram Police Station, Visakhapatnam Rural, Visakhapatnam District. 2. Heard Ms.P.Saraswathi, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioner would submit that the petitioner has nothing to do with the present crime. This crime has been lodged only for sadistic purposes. The report would show that the petitioner has maintained all the norms and standards, and apart from that, the petitioner possessed valid licenses in all aspects. The present case has been lodged solely to trouble the petitioner. In support of her contentions, learned counsel placed on record the licenses obtained by the petitioner from the fire, medical, and home 3. departments. 4. Learned Assistant Public Prosecutor would submit that, at the time of inspection, the authorities observed that the petitioner had failed to maintain the norms and conditions, which is why this case has been lodged. 5. Considering the submissions made and a fair look at the contents of the complaint, it is not a case where the petitioner has violated any norms or standards. It appears that, in anticipation of future events, this case has been 3 lodged despite the fact that the petitioner possessed a valid license from 01.04.2017 to 31.03.2022. He has also applied for the renewal of the license. The petitioner also possessed clearances from the fire, medical, and home departments. Upon perusal of the material on record, nothing would suggest that he has violated any norms or standards. The only issue mentioned in the case is that the persons working in the factory failed to wear shoes. In that view, no case is made out for the alleged offences under Sections 336, 286 IPC, and 9(B)(1)(b) of the Explosives Act, 1884. In the result, this Criminal Petition is allowed. 6. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SDI- B CHITTI JOSEPH ASSISTANT REGISTRAR fr ^ \ //TRUE COPY// i SECTION OFFICER 1. The Station House officer, Chodavaram Police Station, Chodavaram Mandal, Visakhapatnam District. 2. One CC to M/s. P. Saraswathi, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies To, Chp sree V n HIGH COURT DATED:24/01/2025 ORDER CRLP.No.525 of 2022 OF 15 FEB 2025 | ^ . Current Section II ^ ao ALLOWING THE CRIMINAL PETITION