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2025 DAILYLAW 49045 (AP)

Madeti Kanaka Rao v. The State of Andhra Pradesh

CRLP/8755/2022 · 2025-02-18

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA]^%^©^ WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE o\ & C\ C' ■'W i 'A. "—. jty \r PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8755 OF 2022 Between: 1. Madeti Kanaka Rao, S/o Late Somu Naidu, Aged about 60 years, Occ- R/o 49-33-8/1, Ramakrishna Nagar, Ramalingeswara Temple Back side, Akkayyapalem, Visakhapatnam Urban, Visakhapatnam District. 2. Madeti Ram Bai, W/o Kanaka Rao, Aged about 53 years, R/o 49-33-8/1, Ramakrishna Nagar, Ramalingeswara Temple Back side, Akkayyapalem, Visakhapatnam Urban, Visakhapatnam District. ...PETITIONER/ACCUSED 1 & 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, Through Station House Officer, Ankapalli Town Police Station, Anakapalli District. 2. Budha Shyam Deepthi, D/o Bhagavan, W/o Madeti Soma Sekhar, Aged about 29 years, Occ- Dental Doctor, R/o H.No.15-17-14, Anakapalli, Ankapalli District. ...RESPONDENT/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 pleased to quash the proceedings in C.C.No.619 of 2024 on the file of 1®‘ Additional Junior Civil Judge - Cum - XI Additional Metropolitan Magistrate, Anakapalli in Crime No.274/2022 on the file of Ankapalli Town Police Station, Anakapalli District, dated 30.07.2022 for alleged offences under Section 498A IPC and 3&4 D.P Act ( Prayer is amended as per the Court order dated 04.12.2024 in I.A.No.1 of *2024 in Crl.P.No.8755 of 2022.) ■ r ’ I.Af 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 arrest of the petitioners (Accused-1 and 2) herein in Crime No.274/22 on the file of Ankapalli Town Police Station, Anakapalli District, dated 30-07-2022 pending disposal of the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Ajay Kumar, Advocate for the Petitioners 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: 1 APHC010597992022 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: 8755/2022 Between: Madeti Kanaka Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused{S): 1.CHALLA AJAY KUMAR Counsel for the Respondent/complainant(S): 1. KARRE SATYANANDAM 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8755/2022 ORDER: The instant petition under Section 482 of the Code Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ of Criminal Accused Nos. 1 & 2, seeking quashment of the proceedings pending against them in C.C.No.619 of 2024 / on the file of 1®* Additional Junior Civil Judge- cum-XIth Additional Metropolitan Magistrate, Anakapalli. 2. Heard Sri Ch.Ajay Kumar, learned Counsel for the petitioners Satyanandham, learned counsel for the respondent No.2 and Ms. Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Sri K. K. Priyanka 3. Learned counsel for the petitioners would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners and dispense with the presence of the petitioner No.2/A2 before the Trial Court. 4. Learned counsel for the respondent No.2 would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal petition is disposed of without causing any prejudice to the rights and contentions of the However, the presence of the petitioner/Accused No. 2 before the Trial is dispensed with unless her presence is specifically directed by the Trial petitioners. Court 3 Court. However, the petitioners are at liberty to raise all the contentions before the Trial Court in their defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- G HELANAIDU ASSISTANT REGISTRAR uk" SECTION OFFICER //TRUE COPY// To. ' ■ inIkaMf J“''9e-cum-XI Additional Metropolitan Magistrate, 2. The Station House Officer, Anakapalli Town 3. OneCCto Sri. Challa Ajay Kumar Advocate Poiice Station, Anakapalii District. [OPUC] 4. Two CCs to PubHcf Prosecutor, High Court of Andhra 5.. Thjoe CD Copies Pradesh [OUT] Pmg HIGH COURT DATED: 19/02/2025 \ \ jvil yS ^s*,CjineftiSec5^|/ ORDER CRLP.No.8755 of 2022 DISPOSING THE CRLP