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2025 DAILYLAW 52289 (AP)

DR SRIRAMPURAPU MOHAN VENKAT CHINNA RAO @ DR MOHAN v. THE STATE OF ANDHRA PRADESH

CRLP/4776/2025 · 2025-04-30

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4776 OF 2025 Between: 1. Dr Sriramburapu Mohan Venkat Chinna Rao @ Dr Mohan, S/o.Late S.Appa rao, Aged About 43 years R/o. D.No.54-12-34, Bhanu Nagar, Near Krishna College, Maddilapalem, Visakhapatnam. 2. Locharla Chandra kala Chandrakala, W/o. L. Ramana, Aged About 49 years, R/o. Type-ll, Block No.21, GF-7, Rajeeva Gruha Kalpa, YSR Nagar, Kommadi,Visakhapatnam. 3. Singavarapu Savithri @ Savithri, W/o. S. Srinivasa Rao, Aged About 49 years, R/o. D.No,54-12-34, Bhanu Nagar, Near Krishna College, Maddilapalem, Visakhapatnam. 4. Singavarapu Padma Madhavi Madhavi @ Madhavi, W/o Singavarapu Hari Prakash, Aged about 42 years, R/o.H.No.20A-7-50, Monduri Vari Street, Near Gilakala getu, Kothapeta, Eluru, Eluru District. 5. Kakulapat' Deva Kumari @ Devi Kumari, D/o.Kakulapati Prasada Rao, Aged about 26 years, R/o.D.No.54-10-18/7, FF-203, Subha Exotica Apartment, Isuka Thota, Visakhapatnam. ...Petitioner / Accused 1 to 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent No.1 2. N.Prasanthi, W/o Dr.Mohan, Aged about 40 years, R/o Flat No.102, Kousthubha Appartment, PV Road, Srikalahasti, Tirupathi District. ...Respondent No.2 / Complainant Petition under Section 528 of BNSS R/w Section 482 Cr.P.C, 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. 178 of 2024 dated 17.12.2024 On the file of SHO, Srikalahasti II Town PS, TPT District, against the Petitioners /Accused No's.1 to 5 for the offences under Sect:ons-82, 85(1) R/w 3(5) BNS & Section 3 & 4 of Dowry Prohibition Act. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CKR Associates, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: CRLP. No.4776 of 2025 'S APHC010222542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4776/2025 Between: Dr Srirampurapu Mohan Venkat Chinna Rao @ ...PETITIONER/ACCUSED(S) Dr Mohan and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.CKR ASSOCIATES Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) CRLP. No.4776 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4776 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as A.1 to A.5 in Crime No. 178 of 2024 of Srikalahasti II Town Police Station, Tirupati District, registered for the alleged offences under Sections 82, 85(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry i Prohibition Act, 1961, on the complaint of the 2'^'^ respondent. 3. It is alleged in the complaint that the 2"^^ respondent was subjected to continuous physical and mental harassment by her husband A.1 and his three sisters (A.2 to A.4) for dowry and persistent financial demands and that A.1 had entered relationship with A.5 and has blessed with two children with the knowledge and support of A.2 to A.4. 4. The learned counsel for the petitioners submits that on account of family disputes, the petitioners were falsely implicated in the present case. 5. The veracity of the allegations made in the complaint would come to light during the course of the investigation. At this juncture, the Court is not inclined to interfere in the investigation. Furthermore, the offences alleged against the petitioners would attract a punishment of less than seven years. I I CRLP. No.4776 of 2025 6. Therefore, the Station House Officer, Srikalahasti II Town Police Station, Tirupati District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No. 178 of 2024. This order would not preclude the investigation officer from filing a charge sheet or final report after completion of the investigation. 7. Accordingly, the criminal petition is disposed of. 8. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. .. SD/- K. J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// J^SECTION OFFICER To, 1. The Station House Officer, Srikalahasti II Town PS, TPT District. 2. One CC tc CKR Associates, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies PR PRK HIGH COURT DATED:01/05/2025 ORDER o ^ ^3JUL2025 S S^ATCHBOt^ CRLP.No.4776 of 2025 DISPOSING THE CRLP