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High Court of Andhra Pradesh · body

2025 DAILYLAW 49210 (AP)

Gunti Eswararao, v. State of Andhra Pradesh,

CRLP/9902/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010463172025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9902 OF 2025 Between: 1. Gunti Eswararao,, S/o. Rayappa, aged about 50 years R/o. 4 palem Village, Ediapadu Mandal, Palnadu District, A.P. 2. Gunti Kanya kumari,, W/o. Eswararao, aged about 43years, Door No.4 4th Lane, SC colony, Lingarao p 3. Gunti Murali,, S/o. Eswararao, aged about 22years, Student Door No4 88,4th lane SC colony, Lingarao palem village Ediapadu Mandal, Palnadu, A.P. 1. State of Andhra Pradesh, Represented by Court, Amaravathi at Nelapadu, Guntur (Dt.), A.P. 2. Gunti Merimma, W/o.Lurdu aged about 50 years, R/o. Lingarao palem Village, Ediapadu Mandal Palnadu District, A.P. Petition under Section 437/43 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the criminal petition filed 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9902 OF 2025 1. Gunti Eswararao,, S/o. Rayappa, aged about 50 years R/o. 4-88, Lingarao palem Village, Ediapadu Mandal, Palnadu District, A.P. - 522234 2. Gunti Kanya kumari,, W/o. Eswararao, aged about 43years, Door No.4 4th Lane, SC colony, Lingarao palehn village Ediapadu Mandal Palnadu, A.P. 3. Gunti Murali,, S/o. Eswararao, aged about 22years, Student Door No4 88,4th lane SC colony, Lingarao palem village Ediapadu Mandal, Palnadu, ...Petitioners AND 1. State of Andhra Pradesh, Represented by its Public Prosecutor A.P High Court, Amaravathi at Nelapadu, Guntur (Dt.), A.P. 2. Gunti Merimma, W/o.Lurdu aged about 50 years, R/o. Lingarao palem Village, Ediapadu Mandal Palnadu District, A.P. - 522234 ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the criminal petition filed IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 88, Lingarao 2. Gunti Kanya kumari,, W/o. Eswararao, aged about 43years, Door No.4-88, alehn village Ediapadu Mandal Palnadu, A.P. 3. Gunti Murali,, S/o. Eswararao, aged about 22years, Student Door No4- 88,4th lane SC colony, Lingarao palem village Ediapadu Mandal, Palnadu, ...Petitioners its Public Prosecutor A.P High 2. Gunti Merimma, W/o.Lurdu aged about 50 years, R/o. Lingarao palem ...Respondents 8/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the criminal petition filed 2 under C.C No. 68 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), A.P, filed u/s 324, 509 r/w 34 IPC. IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to condone the delay of 3 days in representation of Criminal Petition SR. No. 11506 of 2025 filed against CC No. 68 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), A.P, filed u/s 324, 509 r/w 34 IPC IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to STAY all the further proceedings of the C.C No. 68 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), A.P, filed u/s 324, 509 r/w 34 IPC. pending this CrI.P Counsel for the Petitioners: PEDDI VIJAYBHASKAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9902 OF 2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioners/Accused Nos.1 to 3, seeking to quash the criminal petition filed under C.C No. 68 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), A.P, filed u/s 324, 509 r/w 34 IPC. 2. Heard learned counsel for the petitioners. Learned Assistant Public Prosecutor takes notice on behalf of the State. 03. The case on hand arises out of a counter case which is lodged against the respondent herein. The learned counsel for the petitioners submitted that, on the complaint lodged by the petitioners, a case was registered against the respondents in C.C.No.88 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), in which the petitioners had sustained grievous injuries. Subsequently, as a counter-blast, a false case came to be registered against the present petitioners at the instance of respondent No.2. Learned counsel therefore prays for quashment of the criminal proceedings in C.C.No.68 of 2023 on the file of the PrI. Junior Civil Judge, Chilakaluripet, Guntur (Dt.), A.P, filed u/s 324, 509 r/w 34 IPC. 04. On a perusal of the record, it is seen that both the case and the counter case were investigated by the police and, upon due investigation, charge sheets were filed in both matters. The learned Magistrate has taken cognizance of the respective offences against the petitioners as well as against Respondent No.2 and others. Insofar as the present case is concerned, there are specific allegations levelled against the petitioners under the offences punishable under Sections 324 and 509 IPC. This Court is of the opinion that such disputed facts of the case cannot be adjudicated. 4 Accordingly, this Court does not find any merit to quash the proceedings at this stage. However, it is directed that their personal appearance before the trial Court shall stand dispensed with, except when specifically required by the learned trial Judge. 05. Accordingly, this criminal petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.09.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9902 of 2025 Dt.22.09.2025 KKV