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2025 DAILYLAW 49782 (AP)

Shaik Basheer Bibi, v. The State of Andhra Pradesh,

CRLP/6734/2022 · 2025-02-12

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 6734 OF 2097 O \o PRATAPA Between: 1. Shaik Basheer Bibi, W/o Mastan Johney, Muslim, R/o D.No. 16-46-5, Ward No.4, 1/lekala Gamela Tanuku, West Godavari District. 2. Shaik Mastan Johney, S/o Khajavalli, .Muslim, Aged about 67 R/o D.No.16-46-5, Ward No.4 Tanuku, West Godavari District. Aged about 57 years, 1 Street, Old Town. years, Mekala Gamela Street, Old Town, ... Petitioners/Accused AND 1. The State of Andhra Pradesh, Rep. bySHO, TuniTown T through Public Prosecutor, High Court of Andhra Pradesh Police Station j, Amaravati. 2. Shaik Rubeena Bhanu, W/o Yousuf Pasha, Muslim. Aged about 29 years, R/o Drivers Colony, Tuni Town, West Godavari District. ...Respondent/Complainants Petition under Section circumstances stated in the Memorandum of Grounds the High Court pleased C.C.No. 115/2022 on the file of I Additional Judicial at Turn and quash the same in so far as the Petitioners/Accused 482 of Cr.P.C praying that in the of Criminal Petition. to call for the records in the impugned Magistrate of First Class LA. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of the High Court praying that in the -- Criminal Petition, proceedings in may be pleased to Stay all further | on the file of I Additional Judicial Magistrate appearance of the Petitioners/Accused C.C. No. 115/2022 of First Class at Tuni including the pending disposal. LA. NO: 2 OF 2022 Between: Shaik Rubeena Bhanu, W/o Yousuf Pasha, Muslim, Aged about 29 R/o Drivers Colony, Tuni Town, West Godavari District years, ...Petitioner/Accused(S) AND 1. Tie state of Andhra Pradesh. Rep. by SHO, Tuni Town Police Station through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ’ R/o ' D No'irif 57 Tal V <5amela Street Tanuku, West Godavari District. 2. Shaik Mastan Johney, S/o Khajavalli R/o D. No. 16-46-5, Ward No.4, Tanuku, West Godavari District. years. Old Town, ■Muslim, Aged about 67 years Mekala Gamela Street, Old Town ...Respondent/Complainants Petition under Section of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition he H,gp court may be pleased to vacate the Interim Order passed in I.A.NO. 1 of 2022 in CRLP.No.6734 of 2022 dated 29-08-2022 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A Syam Sundar Reddy .Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri SR Sanku and Kavati Murali Krishna, Advocate for the Respondent No.2 The Court made the following Order: 1 APHC010448642022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6734/2022 [3396] THE Between: Shaik Basheer Bibi, and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1 .A SYAM SUNDAR REDDY Counsel for the Respondent/complainant(S): 1 .PUBLIC PROSECUTOR (AP) 2.S R SANKU AND KAVITl MURALl KRISHNA The Court made the following; 2 ' im THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6734/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ Accused Nos. 2 & 3, seeking quashment of the proceedings pending against them in CC.No.115 of 2022 on the file of Court of I Additional Judicial Magistrate of First Class, Tuni. Heard Sri A.Syam Sundar Reddy, learned Counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 2. 3. Learned counsel for the petitioners would submit that the petition be disposed of, without causing any prejudice to the rights and contentions of the petitioners, by dispensing the presence of the petitioners/Accused Nos., 2 & 3 before the Trial Court. may 4. Learned Assistant Public Prosecutor would submit that the Court pass appropriate orders. may 5. Considering the submissions made, the Criminal petition is disposed of without causing any prejudice to the rights and contentions of the petitioners. However, the presence of the petitioners/Accused Nos., 2 & 3 before the Trial Court is dispensed with unless their presence is specifically directed by the 3 Trial 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 / //TRUE COPY// SECTION OFFICER To. 1. The of I Additional Judicial Magistrate of First Class at Tuni, West Godavari District. 2. One CC to Sri. A Syam Sundar Reddy, Advocate [OPUC] 3. One to Sri. SR Sanku and Kavati Murali Krishna, Advocate [OPUC] 4. Two CC to Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 5. Three CD Copies YM \m HIGH COURT DATED: 13/02/2025 ORDER CRLP.No.6734 of 2022 THE CRIMINAL PETITION IS DISPOSED OF