Extracted from the PDF above. The PDF is authoritative.
k , IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI /o WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PI ^/H PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9754 OF 2022 Between: Karra Ramakrishna, S/o. Sanjeevi, Aged 50 years, Occ: Cultivation, R/o. Gullapudi Village, Musunuru Mandal, Krishna District.
...PETITIONER/13*" ACCUSED AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT
2. Marumudi Ratna Kishore, S/o. Saadhu, Aged 42 years, R/o. Lakshmipuram Village, Pedavegi Mandal, West Godavari District.
...RESPONDENT/DEFACTO COMPLAINANT 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 entire proceedings in S.C.No.505 of 2022 on the file of the Court of Learned Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge, Vijayawada.
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 grant stay of all further proceedings including appearance of the Petitioner in S.C.No.505 of 2022 on the file of the Court of Learned Special Judge for Protection of Children from Sexual
ffences Act-Cum-Additional Metropolitan Sessions Judge, Vijayawada,, pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sarath Kumar D, 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;
1 it' APHC010665432022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9754/2022 Between: Karra Ramakrishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1.SARATH KUMAR D Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP) The Court made the following: ...RESPONDENT/COMPLAINANT(S)
2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9754/2022
ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.”) has been filed by the Petitioner/ Accused No. 13 seeking quashment of proceedings pending against him in S.C.No.505 of 2022 on the file of Special Judge for Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada.
2. Heard Sri D.Sarath Kumar, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Though this Court ordered notice to the respondent No.2, proof of service not filed.
3.
Learned Counsel for the petitioner would submit that the petitioner herein is A-13. Learned Counsel would further submit that A13 is the Village Elder. It is alleged against him that as suggested by the village elders, the deceased girl who was minor and belongs to ‘SC’- ‘Mala’ community was kept in the house of A-1. Learned counsel would further submit that the petitioner herein has nothing to do with the offence. It is alleged against him that he is the caste elder conducted panchayat wherein A-1 to A-4 demanded dowry to perform the marriage of A-1 with the deceased. The petitioner is one of the panchayat members settled the issue with their decision that the parents of deceased have to pay Rs.50,000/- towards dowry. The A-1 to A-4 have to
3 register half acre of land in the name of the deceased as surety. They have also decided to perform the marriage of the deceased after the completion of minority period of the deceased and till the deceased attains the age of majority, she would stay in the house of A-1. Learned counsel would further submit that LWs-1 to 6 who are the parents and family members of the deceased and A1 to A4 and relatives all signed on the agreement and the papers were kept with A-7. Learned counsel would further submit that when the deceased is near to complete her minority to avoid the marriage of the deceased with A1. A1 and his family members subjected the deceased to cruelty with demand of dowry. It is further stated that the deceased committed suicide by consuming poison. In that regard, case has been registered against A1 and his family members, all the village and caste elders who conducted panchayat and made the girl to stay in the house of A1. 4. Learned Assistant Public Prosecutor vehemently opposed the petitioner stating that the deceased was minor. The petitioner herein as A13 being the caste elder cannot insist the deceased to stay in the house of A1 which lead to the occurrence of the present incident. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. Considering the submissions made and on a fair look at the material placed on record, as rightly put by the learned Assistant Public Prosecutor, there is verifiable material against the petitioner to continue criminal proceedings against him.
Such being the case, the case cannot be quashed against him. So far as the contentions raised in the present petition are
5. 4 ' concerned, the petitioner is at liberty to take them before the Trial Court and the learned Trial Judge may appreciate them and take appropriate decision according to law. 6. In the result, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.KASIRAO ACHARI ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, Special Judge for Protection of Children from Sexual Offences Act- Additional Metropolitan Sessions Judge, Vijayawada. 2. One CC to Sri Sarath Kumar D, Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh. [OUT]
1. The cum-
3. Two CCs to
4. Two CD Copies Pmg RAM
HIGH COURT DATED: 19/02/2025
ORDER CRLP.No.9754 of 2022 DISMISSING THE CRLP