APHC010384272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6156/2024 Between: 1. GOLAKOTI MOHANA RAO, S/O SRI MAHESWARA RAO AGE 70 YEARS, R/O DOOR NO. 2-176/B, CHEYYERU GUNNEPALLI - 533 222, MUMMIDIVARAM MANADAL, EAST GODAVARI DISTRICT. 2. GOLAKOTI MANIKYAMBA,, W/O SRI MOHANA RAO, AGE 63 YEARS, OCC HOUSE WIFE, R/O.DOOR NO.2-176/B, CHEYYERU GUNNEPALLI - 533 222, MUMMIDIVARAM MANADAL, EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P. AT AMARAVATHI THROUGH ITS DY. SUPDT. OF POLICE, SC AND ST CELL - 1, KAKINADA 2. REVU MONIKA PRIYANKA, D/O SRI BHAGAVAN DAS, R/O DOOR NO. 8-13-9/5, PRATAP NAGAR, KAKINADA - 533 004 ...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 Pleased to call for the records relating to the proceedings in SC ST Sessions Case No.36 of 2024 on the file of Court of the Spl. Judge for Trial of Cases under SCs & STs X Additional District & Sessions Judge, Cum(POA) Act Rajamahendravaram and quash the same against the Petitioners/A-2 & A-3 and pass Counsel for the Petitioner/accused(S): 1. N SIVA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: “ ... to call for the records relating to the proceedings in SC ST Sessions Case No.36 of 2024 on the file of Court of the Spl. Judge for Trial of Cases under SCs & STs X Additional District & Sessions Judge, Cum(POA) Act Rajamahendravaram and quash the same against the Petitioners/A-2 & A-3 and pass...” Brief facts of the case are that respondent No.2 is a B.Tech Graduate and she belongs to SC (Mala) community. Her parents are residents of Kakinada. A.1 came into contact with her and promised to marry her. Prior to the date of giving complaint, A.1 went to the house of respondent No.1 and without her will and consent, and in the absence of inmates, had sexual intercourse with her and it continued for three months and thereafter, she became pregnant and with the force of A.1, she was aborted the pregnancy. When respondent No.2 asked him to marry, he rejected for the same on the ground that she belongs to SC community. She went to his parents, they also disagreed to perform marriage with A.1. She gave a complaint to the Police, which is registered as a case in Crime No.228 of 2023 of II Town Police Station, Kakinda against A.1 to A.3 for the offence punishable under Sections 417, 376(2)(n), 313 read with 34 IPC and Section 3(1)(r) and 3(2)(v) of SCs and STs. (PoA) Act. After completion of investigation, Police filed Charge sheet, which is numbered as SC ST SC No.36 of 2024 on the file of the Court of Special Judge for Trial of Cases under SCs & STs. (PoA) Act-cum-X Additional District Sessions Judge, Rajamahendravaram. 3 Seeking quashment of the proceedings in the above case, Petitioners/A2 and A.3 filed the present criminal Petition. Heard learned counsel for the Petitioners and Learned Assistant Public Prosecutor appearing for respondent State. Perused the material on record. Learned counsel for the Petitioners would submit that the Petitioners herein are arrayed as A.2 and A.3 in SC ST SC No.36 of 2024. They are father and mother of A.1 and they have nothing to do with the offence. They are falsely implicated in this case. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against them. At this juncture, learned counsel restricted the prayer and requested to dispense with the presence of the Petitioners before the trial Court, where the sessions case is pending and the Criminal Petition may be disposed of by giving liberty to the Petitioners to raise such contentions before the trial Court in defence. Considering the submissions made, the Criminal Petition is disposed of. Petitioners are at liberty to raise the present contentions before the trial Court in their defence. However, the presence of the Petitioners/A.2 and A.3 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 6156 of 2024 17.11.2025 Mjl /*