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2025 DAILYLAW 53561 (AP)

Potnum Nuka Raju v. The State of Andhra Pradesh

CRLP/12391/2025 · 2025-11-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010644342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12391/2025 Between: 1. POTNUM NUKA RAJU, S/O LATE GUMMURTHY,AGE 82 YEARS, R/O. D.NO. 1-85,AMPALAM VILLAGE, POLAKI MANDAL,SRIKAKULAM DISTRICT, ANDHRA PRADESH. 2. POTNUM SUWAMAMUKHI, W/O NUKA RAJU,AGE 72 YEARS, R/O. D.NO. 1-85,AMPALAM VILLAGE, POLAKI MANDAL,SRIKAKULAM DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR,HIGH COURT, AMARAVATHI. 2. SUM POTNURU SRAVANA SANDHYA, W/O POTNUM VARAPRASADARAO,D/O SUM KRISHNA RAO, AGE 25 YEARS, OCC HOUSEWIFE,R/O. D.NO.2-287-6/1, MVP COLONY, SECTOR-6, VISAKHAPATNAM-7,VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. POTNUM LAASYA SRI, D/O POTNUM VARA PRASADARAO, BEING A MINOR REP. BY HER NATURAL GUARDIAN MOTHER,SUM POTNURU SRAVANA SANDHYA, W/O POTNUM VARAPRASADA RAO,D/O SUM KRISHNA RAO, AGE 25 YEARS, OCC HOUSEWIFE,R/O. D.NO.2-287-6/1, MVP COLONY, SECTOR-6, VISAKHAPATNAM-7,VISAKHAP ...RESPONDENT/COMPLAINANT(S): 2 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 quash the proceedings against the petitioners in D.V.C. No. 84/2025 on the file of the Court of the IV Additional Chief Judicial Magistrate at Visakhapatnam, Visakhapatnam District, Andhra Pradesh, and pass 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 to dispense with the certified copies of the complaint in D.V.C. No. 84/2025 on the file of the Court of the IV Additional Chief Judicial Magistrate at Visakhapatnam, Visakhapatnam District, Andhra Pradesh, 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 stay all further proceedings including the appearance of the petitioners in D.V.C. No. 84/2025 on the file of the Court of the IV Additional Chief Judicial Magistrate at Visakhapatnam, Visakhapatnam District, Andhra Pradesh, pending disposal of the quash petition before the Hon’ble court and pass Counsel for the Petitioner/accused(S): 1. L RANJITH KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12391/2025 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/Respondent Nos.2 and 3, seeking quashment of the proceedings in D.V.C.No.84 of 2025 on the file of the IV Additional Chief Metropolitan Magistrate, Visakhapatnam. 2. Heard Sri L.Ranjith Kumar, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public are in attendance. 3. Learned counsel for the petitioners would submit that this petition may be disposed of without causing any prejudice to their contentions raised by the petitioners in the present petition. 4. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of. However, the presence of the petitioner/Respondent Nos.2 and 3 before the trial Court is dispensed with, unless their presence is specifically directed by the trial Court. The petitioners are at liberty to raise all their contentions in their defence before the trial court. The learned trial Judge may consider them and take decision according to law. 4 Consequently, miscellaneous petitions, pending if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.12.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12391/2025 Dated.01.12.2025 SNI 206