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2025 DAILYLAW 49479 (AP)

KAVILIGA JYOTSNA v. The State of Andhra Pradesh

CRLP/10705/2025 · 2025-10-15

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010546832025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10705 OF 2025 Between: 1. KAVILIGA JYOTSNA, W/o Ramakrishna, Aged About 51 Years, R/o Dr.No.54-12-26/1/1, Bhanunagar, Maaddilapalem, VisakhapatnamDistrict. 2. GVSSR Anjaneya Murthy, , S/o Swamy, Age 47 years, R/o R/o Dr.No.54 12-26/1/1, Bhanunagar, Maaddilapalem, Visakhapa 3. Padavala Chakravarthy,, S/o David Raju, Age 50 years, R/o Dr.No.54 26/1/1, Bhanunagar, Maaddilapalem, VisakhapatnamDistrict. 4. Chilakana Saritha, , W/o Shyam Prasad Age 32 years, R/o Gokul Theater back side, Allipuram, Visakhapatn 5. . Karu Pavani,, W/o Raju, aged 29 years, R/o Gokul Theater Back side, Allipuram, Visakhapatnam District. 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10705 OF 2025 1. KAVILIGA JYOTSNA, W/o Ramakrishna, Aged About 51 Years, R/o 26/1/1, Bhanunagar, Maaddilapalem, VisakhapatnamDistrict. 2. GVSSR Anjaneya Murthy, , S/o Swamy, Age 47 years, R/o R/o Dr.No.54 26/1/1, Bhanunagar, Maaddilapalem, Visakhapatnam District. 3. Padavala Chakravarthy,, S/o David Raju, Age 50 years, R/o Dr.No.54 26/1/1, Bhanunagar, Maaddilapalem, VisakhapatnamDistrict. 4. Chilakana Saritha, , W/o Shyam Prasad Age 32 years, R/o Gokul Theater back side, Allipuram, Visakhapatnam District. 5. . Karu Pavani,, W/o Raju, aged 29 years, R/o Gokul Theater Back side, Allipuram, Visakhapatnam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KAVILIGA JYOTSNA, W/o Ramakrishna, Aged About 51 Years, R/o 26/1/1, Bhanunagar, Maaddilapalem, VisakhapatnamDistrict. 2. GVSSR Anjaneya Murthy, , S/o Swamy, Age 47 years, R/o R/o Dr.No.54- 3. Padavala Chakravarthy,, S/o David Raju, Age 50 years, R/o Dr.No.54-12- 4. Chilakana Saritha, , W/o Shyam Prasad Age 32 years, R/o Gokul Theater 5. . Karu Pavani,, W/o Raju, aged 29 years, R/o Gokul Theater Back side, ...Petitioners 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court 2 2. Nadipalli Pra bhakar, S/o. Subba Rao, Aged about 50 years, R/o. Flat no.T1 A85, Sri Varasiddhi Nivas, Road N0.II, Film Nagar, Hyderabad- 500096 Rajamahendravaram Rural, East Godavari District, Andhra Pradesh. ...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 Court 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 grant stay of all further proceedings in in C.C No. 1406 of 2025 On the file of the court of IV th Addl.Chief Metropolitan Magistrate Visakhapatnam under till the disposal of main Criminal Petition and pass Counsel for the Petitioners: DASARI S V V S V PRASAD Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10705 OF 2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners/Accused Nos.1 to 5 seeking quashment of proceedings against them in C.C No. 1406 of 2025 On the file of the court of IV th Addl.Chief Metropolitan Magistrate Visakhapatnam. 2. Heard Sri Dasari S.V.V.S.V.Prasad, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. When the matter is taken up for hearing, learned counsel for the Petitioners would submit that the petition may be disposed of dispensing the presence of the Petitioners before the trial Court on every adjournment. 4. Learned Additional Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of, dispensing with the presence of the Petitioners/Accused Nos.2 to 5 before the trial Court, unless their presence is specifically directed by the trial Court. However, the Petitioners are at liberty to raise all the contentions before the trial Court in their defence. The learned trial Judge may 4 appreciate the same and take an appropriate decision in accordance with law. Pending interlocutory applications, if any, shall stands closed. Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 16.10.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 20 Crl.P.No.10705 of 2025 Dt.16.10.2025 KKV