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2025 DAILYLAW 49353 (AP)

GUNDLOORU DILLI KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/9960/2022 · 2025-02-16

Venkata Jyothirmai Pratapa

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Judgment text

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«0'<H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAW MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9960 OF 2022 %'l'> o Between: 1. Gundlooru Dilli Kumar, aged 25 years, S/o Damodaram, Occupation. Labourar, Dinnuvaripatipalle Yellankivaripalle, Chittoor District, Andhra Pradesh - 517172. 2. Edamalapathi Parandhama Naidu, aged 58 years S/o LateE. Rangaiah Naidu, No.23/2, Rayavaripalli, Pulicherla Mandal, Chittoor District, A.P. ...Petitioners/Accused No. 1 &2 '^ND 1. The State of Andhra Pradesh/Represented by its Public Prosecutor, High Court of Andhra Pradeshl^^/elagapudi, Amaravathi, Andhra Pradesh - 522237. ...Respondent No.1 2. Shaik Bareha Valli, aged 29 years, S/o. Shaik Hasanshavalli, Occ: Driver - Autorikshaw, Makan Street, Kothapeta Pulicherla Mandal, Chittoor District, Andhra Pradesh'-517172. ' ...Respondent No.2/De-facto Complainant Petition under Section 4B2 of Cr.P.C praying that in the circumstances stated in the Memdfahdum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No. 168/2022 u/s. 324, 323, r/w. 34 IPC pending on the file of Kallur Police Station, Pulichela Mandal, Chittoor Dt. in respect of the petitioners. • f -• i I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition ' . - i''-; ’ the High Court may be pleased to stay all further proceedings in respect of FIR No. 168/2022 u/s. 324, 323, r)w. 34 IPC pending on the file of Kallur Police Station, Pulichela mandal , Chittoor Dt. in respect of the petitioners including their arrest, pending quash petition. <v J This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D. Kishore Kumar, Advocate for the Petitioners and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri Murali Babu boma. Advocate for the Responde'ht No.2. The Court made the following Order: 1 APHC010678902022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3396] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9960/2022 Between: ...PETITIONER/ACCUSED(S) Gundlooru Dilli Kumar and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.D KISHORE KUMAR Counsel for the Respondent/complainant(S): 1.MURALI BABU DOMA 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9960/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Cr.P.C.”) has been filed by the Petitioners/ Procedure, 1973 (in short, Accused N0S.I& 2, seeking quashment of the proceedings pending against them in FIR.N0.I68 of 2022 of Kallur Police Station, Pulichela Mandal, Chittoor District for the offence under Sections 324 & 323 r/w 34 of I.P.C. Heard Sri D.Kishore Kumar, learned counsel for the petitioner and Ms. 2. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Notice is served on the respondent No.2, none appeared. Learned counsel for the petitioners would submit that it is a counter 3. case to the case lodged against the respondent No.2/ defacto complainant i.e., on 13.11.2022, but it was shown to be registered on 16.11.2022. Learned Counsel would further submit that crime has been registered against the respondent No.2in Crime No. 167 of 2022 for the offences punishable under Sections 355, 323 & 506 of I.P.C and Sections 3(1 )(r) & 3(1 )(s) of SCs & STs (POA) Act. Learned Counsel would further submit that this is a counter case which is alleged to have been registered against the petitioners by making false allegations that A-1 beat respondent No.2 with iron rod and A-2 beat with hands and legs. Learned counsel would further submit that continuing criminal proceedings against the petitioners is mere abuse of process of law. 3 4. Learned Assistant Public Prosecutor would submit that the matter is at^ crime stage and as rightly put by the learned counsel for the petitioners, it is a case and counter case. Learned Assistant Public Prosecutor would further submit that the petition may be disposed of directing the Police to conclude the investigation then only truth will come out. Considering the submissions made and a keen perusal of the material placed on record i.e., the copies of FIRs in Cr.Nos.,167 & 168 of 2022 registered against the respondent No.2 and the other one is registered against the petitioners respectively, as rightly put by the learned Assistant Public Prosecutor, unless the investigation is concluded, this Court cannot say who is victim and who is offender. In that view, the Criminal petition is disposed of, directing the Police to conclude the investigation and file a report according to law. 5. one IS »( .r 6. In the result, the Criminal petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Kallur Police Station, Pulichela Mandal, Chittoor District. 2. One CC to Sri D. Kishore Kumar, Advocate [OPUC] 3. One CC to Sri Murali Babu Doma, Advocate [OPUC] 4. One CC to Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, [OUT] 5. Three CD Copies YM ssb HIGH COURT DATED:17/02/2025 ORDER CRLP.No.9960 of 2022 a g J 2 JUl 20?5 ^ Current Section m Co DISPOSING OF THE CRIMINAL PETITION