POREDDY SURYANRAYANA REDDY v. MARTHALA GURIVI REDDY
CRLP/1747/2021 · 2025-07-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49271 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49271 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOS: 1747 AND 1754 OF 2021 CRIMINAL PETITION NO: 1747 OF 2021 APHC010094012021 ■I Between:
1. Poreddy Suryanrayana Reddy, (died)
2. Poreddy Sridhar Reddy, S/o Late Surya Narayana Reddy, Occ: Cultivation, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 3. Poreddy Sarojinamma, W/o Late Poreddy Surya Narayana Reddy, Occ; Rtd. Govt. Teacher, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 4. Poreddy Madan Mohan Reddy, S/o Late Surya Narayana Reddy, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 5. Poreddy Lavanaya, D/o Late Surya Narayana Reddy, D.No. 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. ...PETITIONERS
AND
1. Marthala Gurivi Reddy, S/o Gurivi Reddy, aged about 65 years, Occ: Contractor, R/o Teru Road, Jammalamadugu, YSR Kadapa. 2. Marthala Someswaramma, W/o Gurivi Reddy, Aged about 60 years, Occ: House wife, R/o Teru Road, Jammalamadugu, YSR Kadapa. 3. Marthala Sirisha, D/o Gurivi Reddy Aged about 30 years, Occ: House wife, R/o Teru Road, Jammalamadugu, YSR Kadapa. 4. Marthala Gurivi Reddy, S/o Gurivi Reddy Aged about 37 years, Occ: Unemployee, R/o Teru Road, Jammalamadugu, YSR Kadapa. 5. Marthala Guruprasada Reddy, S/o Gurivi Reddy Aged about 40 years, R/o Teru Road, Jammalamadugu, YSR Kadapa. 6. Marthala Jayarami Reddy, S/o Gurivi Reddy Aged about 62 years, Occ: Rtd. Driver in APSRTC Near Deepti College, Jammalamadugu Road, Proddatur. 7. Marthala Rami Reddy, S/o Gurivi Reddy, Aged about 62 years, Occ: Rtd. Mechanic in APSRTC Near Deepti College, Jammalamadugu Road, Proddatur. YSR Kadapa District. 8. Chadipiralla Samba Siva Reddy, Aged about 72 years, Occ: Cultivation, Devagudi, Jammalamadugu Mandal, YSR Kadapa. 9. Sigamreddy Pulla Reddy, S/o Bali Reddy (Died) ...RESPONDENTS/ACCUSED N0.1 TO 9 10.The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi Amaravathi ...RESPONDENTS 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 orders in C.F.R No. 330/2013 on the file of Judicial First Class Magistrate, Jammalamadugu, dt.13.11.2014 and the consequential orders in Crl.R.P. No. 17/2015 on the file of the II Additional
' District and Session Judge, Kadapa at Proddatur, dt.
03.02.2021 and direct the Judicial First Class Magi'strate, Jammalamadugu to take the cognizance in C.F.R No. 330/2013 for the offences U/s 147, 148, 352, 355, 389, 448 and 506 r/w 149 1PC and proceed with the trail in accordance with law. lA NO: 1 OF 2021 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 leave for the petitioners No.2 to 5 to file the Criminal Petition against the order in CrI.R.P No.17/2015, dt. 03.02.2021 before the II Additional District and Sessions Judge, Kadapa at Proddatur. lA NO: 2 OF 2021 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 dispense with filing of certified copies of the Judgment in C.F.R No.330/2013, dt. 13-11-2014 on the file of the Judicial Magistrate of First Class, Jammalamadugu and order in CrI.M.P. No.94/2020 in CrI.R.P No.17/2015 on the file of the II Additional District and Sessions Judge, Kadapa at Proddatur, dt. 03-02-2021 for the time being. Counsel for the Petitioners : SRI P NAGENDRA REDDY Counsel for the Respondent No.10 : PUBLIC PROSECUTOR Counsel for other Respondents 1 to 9 : NONE APPEARED
CRIMINAL PETITION NO: 1754 OF 2021 APHC010093732021 Between:
1. Poreddy Suryanrayana Reddy (died)
2. Poreddy Sridhar Reddy, S/o Late Surya Narayana Reddy, Occ: Cultivation, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 3. Poreddy Sarojinamma, W/o Late Poreddy Surya Narayana Reddy, Occ: Rtd. Govt. Teacher, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 4. Poreddy Madan Mohan Reddy, S/o Late Surya Narayana Reddy, R/o 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. 5. Poreddy Lavanaya, D/o Late Surya Narayana Reddy, D.No. 18/89, Kapu Street, Jammalamadugu, YSR Kadapa District. ...PETITIONERS AND
1.
Marthala Gurivi Reddy, S/o Gurivi Reddy, aged about 65 years, Occ: Contractor, R/o Teru Road, Jammalamadugu, YSR Kadapa. 2. Marthala Someswaramma, W/o Gurivi Reddy, Aged about 60 years, Occ: House wife, R/o Teru Road, Jammalamadugu, YSR Kadapa. 3. Marthala Sirisha, D/o Gurivi Reddy Aged about 30 years, Occ: House wife, R/o Teru Road, Jammalamadugu, YSR Kadapa. 4. Marthala Gurivi Reddy, S/o Gurivi Reddy Aged about 37 years, Occ: Unemployee, R/o Teru Road, Jammalamadugu, YSR Kadapa. rT"
5. Marthala Guruprasada Reddy, S/o Gurivi Reddy, Aged about 40 years, R/o Teru Road, Jammalamadugu, YSR Kadapa. Marthala Jayarami Reddy, S/o Gurivi Reddy, Aged about 62 years, Occ: Rtd. Driver in APSRTC Near Deepti College, Jammalamadugu Road, Proddatur. Marthala Rami Reddy, S/o Gurivi Reddy, Aged about 62 years, Occ; Rtd. Mechanic in APSRTC Near Deepti College, Jammalamadugu Road, Proddatur, YSR Kadapa District. Chadipiralla Samba Siva Reddy, Aged about 72 years, Occ: Cultivation, Devagudi, Jammalamadugu Mandal, YSR Kadapa. Sigamreddy Pulla Reddy, S/o Bali Reddy (Died)
6. 7. 8. 9. ...RESPONDENTS/ACCUSED N0.1 TO 9 10.The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi, Amaravathi ...RESPONDENTS 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 orders in CrI.M.P No. 94 of 2020 in CrI.R.P. No. 17/2015 on the file of the II Additional District & Session Judge, Kadapa at Proddatur, dt. 03.02.2021 and consequently allow CrI.M.P No. 94 of 2020 in CrI.R.P. No. 17/2015 on the file of the II Additional District & Session Judge, Kadapa at Proddatur.
lA NO: 1 OF 2021 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 dispense with filing of certified copy of the judgment in C.F.R. No.330/2013, dt.13-11-2014 on the file of the Judicial Magistrate of First Class, Jammalamadugu and order in CrI.R.P No. 17/2015 on the / file of
II Additional District & Session Judge, Kadapa at Proddatur for the time being the interest of justice. Counsel for the Petitioners : SRI P NAGENDRA REDDY Counsel for the Respondent No.10 ; PUBLIC PROSECUTOR Counsel for other Respondents 1 to 9 : NONE APPEARED The Court made the following COMMON ORDER:
APHC010094012021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1747/2021 Between;
1.POREDDY SURYANRAYANA REDDY, DIED S/0 LATE SURYA NARAYANA , R/0 18/89, KAPU STREET, 2.POREDDY SRIDHAR REDDY OCC. CULTIVATION REDDY, JAMMALAMADUGU, YSR KADAPA DISTRICT. W/0 LATE POREDDY SURYA OCC. RTD. GOVT. TEACHER, R/0 18/89,
3. POREDDY SAROJINAMMA NARAYANA REDDY, KAPU STREET, JAMMALAMADUGU, YSR KADAPA DISTRICT. 4.POREDDY MADAN MOHAN REDDY,, S/0 LATE SURYA NARAYANA REDDY, R/0 18/89, KAPU STREET, JAMMALAMADUGU, YSR KADAPA DISTRICT. D/0 LATE SURYA NARAYANA REDDY
5. POREDDY LAVANAYA D.NO. 18/89, KAPU STREET, JAMMALAMADUGU, YSR KADAPA > > DISTRICT. ...PETITIONER/ACCUSED(S) AND
1. MARTHALA GURIVI REDDY, S/0 GURIVI REDDY, AGED ABOUT 65 YEARS, OCC . CONTRACTOR. R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 2. MARTHALA SOMESWARAMMA, W/0 GURIVI REDDY AGED ABOUT 60 YEARS, OCC. HOUSE WIFE, R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 2
3. MARTHALA SIRISHA, D/0 GURIVI REDDY HOUSE WIFE, ' R/0 AGED ABOUT 30 TERU ROAD, YEARS JAMMALAMADUGU, YSR KADAPA. OCC. 4. MARTHALA GURIVI REDDY, S/0 GURIVI REDDY AGED YEARS, ABOUT 37 teru road. OCC. JAMMALAMADUGU, YSR KADAPA. UNEMPLOYEE R/0
5. MARTHALA GURUPRASADA REDDY, S/0 GURIVI REDDY AGED ABOUT 40 YEARS, R/0 TERU ROAD, JAMMALAMADUGU YSR KADAPA. 6. MARTHALA JAYARAMI REDDY, S/O GURIVI REDDY AGED ABOUT 62 YEARS, OCC. RTD. DRIVER IN APSRTC NEAR DEEPTI COLLEGE, JAMMALAMADUGU ROAD, PRODDATUR. 7. MARTHALA RAMI REDDY, S/O GURIVI REDDY AGED ABOUT 62 YEARS, OCC. RTD.
MECHANIC IN APSRTC NEAR DEEPTI COLLEGE, JAMMALAMADUGU ROAD, PRODDATUR. YSR KADAPA DISTRICT. 8. CHADIPIRALLA SAMBA SIVA REDDY . AGED ABOUT 72 YEARS OCC. CULTIVATION, DEVAGUDI, JAMMALAMADUGU YSR KADAPA. MANDAL,
9. SIGAMREDDY PULLA REDDY, S/O BALI REDDY (DIED).. 10.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI AMARAVATHI ...RESPONDENT/COMPLAINANT(S): 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 Courtto quash the orders in C.F.R No. 330/2013 the file of Judicial First Class Magistrate, Jammalamadugu, dt 13 11 2014 and the consequential orders in CrI.R.P. No. 17/2015 on the file of the II Additional District and Session Judge, Kadapa at Proddatur, dt. 03.02.2021 and direct the Judicial First Class Magistrate, Jammalamadugu to take the cognizance in offences U/s 147, 148, 352, 355, 389 448 and 506 r/w 149 1 PC and proceed with the trail in accordance with law in the interest of justice. on lA NO: 1 OF 2071
3 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminai Petition,the High Court may be pleased lA NO: 2 OF 2021 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 Counsel for the Petitioner/accused(S):
1.P NAGENDRA REDDY Counsel for the Respondent/complainant(S):
1. CRIMINAL PETITION NO: 1754/2021 Between:
1. POREDDY SURYANRAYANA REDDY (DIED), A 2.POREDDY SRIDHAR REDDY REDDY, JAMMALAMADUGU, YSR KADAPA DISTRICT. 3. POREDDY SAROJINAMMA NARAYANA REDDY, KAPU STREET, JAMMALAMADUGU, YSR KADAPA DISTRICT. 4. POREDDY MADAN MOHAN REDDY,, S/0 LATE SURYA NARAYANA REDDY, R/0 18/89, KAPU STREET, KADAPA DISTRICT. S/0 LATE SURYA NARAYANA KAPU STREET, OCC- CULTIVATION, R/0 18/89 W/0 LATE POREDDY SURYA OCC- RTD. GOVT. TEACHER, R/0 18/89, JAMMALAMADUGU, YSR
5. POREDDY LAVANAYA D/0 LATE SURYA NARAYANA REDDY D.NO.
18/89, KAPU STREET, JAMMALAMADUGU, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED{S) AND
1. MARTHALA GURIVI REDDY, , S/0 GURIVI REDDY, AGED ABOUT CONTRACTOR. R/0 TERU ROAD, 65 YEARS, OCC
4 JAMMALAMADUGU, YSR KADAPA. 2. MARTHALA SOMESWARAMMA, W/0 GURIVI REDDY AGED ABOUT 60 YEARS, OCC- HOUSE WIFE, R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 3. MARTHALA SIRISHA, D/0 GURIVI REDDY AGED ABOUT 30 YEARS, OCC- HOUSE WIFE, R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 4. MARTHALA GURIVI REDDY, S/0 GURIVI REDDY AGED ABOUT 37 YEARS, OCC- UNEMPLOYEE, R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 5. MARTHALA GURUPRASADA REDDY, , S/0 GURIVI REDDY AGED ABOUT 40 YEARS, R/0 TERU ROAD, JAMMALAMADUGU, YSR KADAPA. 6. MARTHALA JAYARAMI REDDY, S/0 GURIVI REDDY AGED ABOUT 62 YEARS, OCC- RTD. DRIVER IN APSRTC NEAR DEEPTI COLLEGE, JAMMALAMADUGU ROAD, PRODDATUR. 7. MARTHALA RAMI REDDY, , S/0 GURIVI REDDY AGED ABOUT 62 NEAR DEEPTI YEARS, OCC- RTD. MECHANIC IN APSRTC COLLEGE, JAMMALAMADUGU ROAD, PRODDATUR. YSR KADAPA DISTRICT. 8. CHADIPIRALLA SAMBA SIVA REDDY, AGED ABOUT 72 YEARS, OCC- CULTIVATION, DEVAGUDI, JAMMALAMADUGU MANUAL, YSR KADAPA. 9. SIGAMREDDY PULLA REDDY, S/0 BALI REDDY (DIED) .. RESPONDENTS/ACCUSED N0.1 TO 9 REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI AMARAVATHI ...RESPONDENT/COMPLA!NANT(S); 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 orders in CrI.M.P No. 94 of 2020 in CrI.R.P. No. 17/2015 on the file of the II Additional District 86 Session Judge, Kadapa at Proddatur, dt. 03.02.2021 and consequently allow CrI.M.P No. 94 of 2020 in CrI.R.p No. 17/2015 on the file of the II Additional 10.THE STATE OF ANDHRA PRADESH
5 •District 86 Session Judge, Kadapa at Proddatur, as prayed for in the interest of justice.
lA NO: 1 OF 2021 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 dispense with filing of certified copy of the judgment in C.F.R. NO.330/2013, dt.13-11-2014 on the file of the Judicial Magistrate of First Class, Jammalamadugu and order in CrI.R.P No. 17/2015 on the / file of II Additional District & Session Judge, Kadapa at Proddatur for the time being the interest of justice Counsel for the Petitioner/accused{S):
1.P NAGENDRA REDDY Counsel for the Respondent/complainant(S):
1. 6 The Court made the following:
COIVIMON ORDER : Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioners would submit that the learned Sessions Judge, without impleading the legal representatives of the complainant on record, dismissed the revision petition. Learned counsel would further submit that the learned Magistrate erroneously dismissed the private complaint moved by the father of the petitioners, which was carried in revision. During the pendency of the revision, he died. Learned counsel would finally submit that an opportunity may be given to the legal representatives to pursue the complaint. Learned Assistant Public Prosecutor would submit that the Court
2. 3. may pass appropriate orders. 4. Considering the submissions made and a fair look at the material placed on record, it can be seen from the order passed by the learned Magistrate that the statement of the complainant does not disclose the ingredients of the alleged offences under Sections 147, 148, 352, 355, 389, 448, and 506 r/w 149 IPC against the accused, and the statements of the witnesses who were examined also do not support the case of the complainant to make out a prima facie case against the respondents therein.
It is not a case where the learned Sessions Judge dismissed the petition filed by the legal representatives to come on record to pursue the
7 criminal revision, rather, it is a case where, after hearing the matter at length, a detailed order was passed giving reasons for not entertaining such a petition after the death of the original complainant. As can be seen from the impugned order, since the said petition to implead the legal representatives was dismissed, the learned Sessions Judge rightly dismissed the Criminal Revision Case. 5. Viewing from any angle, since the material on record, i.e., the statements of the witnesses examined, did not make out any prima facie allegation to attract the alleged offences, these petitions deserve dismissal. 6. In the result, these criminal petitions are dismissed. Pending, interlocutory applications, if any, shall stand closed. SD/- N.NAGAMMA ASSISTANT REGISTRAR A' //TRUE COPY// SECTION OFFICER To,
1. The II Additional District and Sessions Judge, Kadapa at Proddatur, YSR Kadapa District. 2. The Judicial Magistrate of First Class, Jammalamadugu, YSR Kadapa District. 3. The Station House Officer, Jammalamadugu Urban Police Station, YSR Kadapa District. 4. One CC to Sri P Nagendra Reddy Advocate [OPUC]
5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
6. Two CD Copies SAM TAC
HIGH COURT DATED:24/07/2025 COMMON ORDER CRLP Nos. 1747 & 1754 of 2021 DISMISSING THESE CRIMINAL PETITIONS