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2025 DAILYLAW 50606 (AP)

Govindappa v. The State of Andhra Pradesh

CRLP/10115/2025 · 2025-09-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010507972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10115/2025 Between: 1. GOVINDAPPA, S/O LATE DEVARALINGAPPA,HINDU, AGED ABOUT 65 YEARS, OCC FARMER,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 2. POTHANNA, S/O LATE DEVARALINGAPPA,HINDU, AGED ABOUT 63 YEARS, OCC FARMER,R/O. PEDDIKODIPALII V, RODDAM MANDAL,SRI SATYA SAI DISTRICT. 3. NARASIMHAPPA, S/O POTHANNA,HINDU, AGED ABOUT 39 YEARS, OCC FARMER,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 4. NARASIMHULU, S/O POTHANNA,HINDU, AGED ABOUT 50 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT. 5. NAGARAJU, S/O NARSAMMA,HINDU, AGED ABOUT 52 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 6. POTHAMMA, S/O GOVINDAPPA,AGED ABOUT 55 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 7. RAMESH, S/O. GOVINDAPPA,HINDU, AGED ABOUT 56 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 8. VENKATESWARLU, S/O LATE BANDI NARSAPPA,HINDU, AGED ABOUT 45 YEARS, OCC FARMER,R/O. PEDDIKODIPALLI V, 2 RODDAM MANDAL,SRI SATYA SAI DISTRICT. 9. AKKAMMA, W/O POTHANNA,HINDU, AGED ABOUT 61 YEARS, OCC FARMER,R/O. PEDDIKODIPALLI V, RODDAM MANDAI,SRI SATYA SAI DISTRICT 10. PUNYAVATHI, W/O RAMESH,HINDU, AGED ABOUT 28 YEARS, OCC AGRICULTURAL COOLIER/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT. 11. SHANTHI, W/O NARASIMHULU,HINDU, AGED ABOUT 59 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT 12. SUBHASHINI, W/O NAGARAJU,HINDU, AGED ABOUT 40 YEARS, OCC AGRICULTURE COOLIER/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT. 13. MADHAVI, W/O POTHANNA,HINDU, AGED ABOUT 30 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDAL,SRI SATYA SAI DISTRICT. 14. AKULAPPA, S/O RAMAKRISHNA,HINDU, AGED ABOUT 35 YEARS,R/O. PEDDIKODIPALLI V, RODDAM MANDALSRI SATYA SAI DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT JUDICATURE AT AMAVARATHI. 2. B NAGA RATHNAMMA, W/O.R/O. PEDDIKODIPALLI V, RODDAM MANDALSRI SATYA SAI DISTRICT. ...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 Court may be pleased to quash the FIR in Crime No. 145 of 2023, Dated 16.09.2023 pending before the Police Station Roddam, Roddam Mandal, Sri Satya Sai District IA NO: 1 OF 2025 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 Criminal Petition,the High Court may be pleased to dispense with filing of the original certified copy of FIR No. 145/2023, dated 26.09.2023 on the file of Roddam Police Station, Roddam Mandal, Sri Satya Sai District before this Hon’ble Court and pass 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 to direct the P.S. Roddam Not to call the petitioners to the SHO, Roddam, Sri Satya Sai District and pass Counsel for the Petitioner/accused(S): 1. A PADMA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10115/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.1 to 9 and 11 to 15, seeking quashment of the proceedings pending against them in FIR No.145 of 2023 dated 26.09.2023 of Roddam Police Station, Roddam Mandal, Sri Satya Sai District registered for the offences punishable under Sections 447, 427, 341, 509 r/w 34 of IPC. 2. Heard Ms. A.Padma, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned Assistant Public Prosecutor would submit that charge sheet is filed in this matter. 4. Learned Counsel for the petitioners would submit that though they were granted station bail in this matter. The police are calling the petitioners to the police station every day. 5. In the light of the representation made by the learned Assistant Public Prosecutor, since the charge sheet is filed, calling the petitioners to the police station is not required. In that view, this Criminal Petition is disposed of. 5 However, the police are directed to follow the due process of law regarding the crime which is registered against the petitioners and they are not supposed to call the petitioners in an informal way to the police station since the investigation is over. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10115/2025 Dated.25.09.2025 UPS 128