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: 7149 OF ?n9d Between:
1. Patan Ameer Khan, S/o.Rasool Khan, aged 42 years, R/o.D.No.11-33- 8,15/8, Vengalrao Nagar, Near Church, District. (A2) Kavali Town, SPSR Nellore
2. Guntupalli Raj Kumar Chowdary, S/o.Ve 51 years, R/O.10-33-3A, Co-operative Colony, Nellore District. (A6)
3. Chavala Rama Krishna, S/o.Panchajanyam, aged 48 years, R/o.D.No. 3-10-68, Kotha Bazar, Kavali Town, SPSR Nellore District. (A8) aged 54 years, R/o.D.No.11-21-18, Road, Kavali Town, SPSR Nellore n jYgtaqyyg rljj Chowda Kavali Town, SPSR
4. Jyothi Babu Rao, S/o.Chinnaiah, Ambedkar Nagar, Tumalapenta District. (A11)
5. Sanam Hari, S/o.Venkateswarlu, aged 42 years, R/o.D.No.11-33-54/9, Bairagula Colony, Ward No.17, Thufan Nagar, Kavali Town, SPSR Nellore District. (A13) ...Petitioners/Accused AND 1s,,,The State of Andhra Pradesh, Rep. by its Public Prosecutor, Through the Sub-Divisional Police Officer, Kavali, High Court of Andhra Pradesh, at Amaravati. ...Respondent/Complainant
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2. Mr. Kotuu Babu Rao, S/o.Arjuna Rao, aged 46 years, Caste by Mala, OccuiTown Planning Supervisor, Kavali Municipality, TPS, Railway l^bad, Kavali Town, SPSR Nellore District. ...Respondent/Defacto-Complainant Petition filed under Section 528 of BNSS, 2023/Section 482 of Cr.PC praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners in S.C.No.3 of 2023, on the file of S**" Additional District-cum-Sessions Judge for Trial of the Offences under the provisions of SC and ST (POA) Act, 2015 at Nellore, SPSR Nellore District. I.A. NO: 1 OF 2024 Petition filed under Section 528 of BNSS, 2023/S8ction 482 of Cr.PC praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay all further proceedings including the appearance of the petitioners in proceedings in S.C.No.3 of 2023, on the file of 5‘^ Additional District-cum-Ses sions Judge for Trial of the Offences under the provisions of SC & ST (POA) Act, 2015 atu^llore.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nikhil Chowdary Guntupalli, Advocate for Petitioners and the Assistant Public Prosecutor on behalf of Respondent No.1 and of Sri S.Siva Rama Krishna Prasad, Advocate for the Respondent No.2 The Court made the following:
7 r APHC010446772024 SE0 IN THE HIGH COURT OF AT AMARAVATI (Special Original Jurisdiction) ANDHRA PRADESH r-- 0 [3457] ™RSDAY.THE first day of may TWO THOUSAND AND TWENTY present the honourable SRI JUSTICE gglMINAL PETITION] Mn- FIVE harinath.n 7149/2024 Between: Patan Ameer Khan and Others ...PETITIONER/ACCUSED(S) ■■.RESP0NDENT/C0MPLAINANT(S) AND The State Of Andhra Pradesh Others and Counsel for the Petitioner/a 1.NIKHIL Counsel for the ccusedfS):
CHOWDARY GUNTUPALLI Respondent/complalnant(S):
1. PUBLIC PROSECUTOR 2.SS RAMA KRISHNA PRASAD The Court made the following:
I' i V THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7149/2024 / /
ORDER The present criminal petition is filed seeking to quash the SC.No.3 of 2023 on the file of V Additional District and Sessions Judge - Cum - Special Judge for Trial of the Offences under the provisions of SCs and STs (POA) Act, 2015. Today, when the matter is taken up for hearing, the 2"^* respondent has filed an affidavit and categorically stated at paragraph No.8 that on the political pressure only he filed a false complaint against the petitioners. Considering the same, continuing the SC.No.3 of 2023 on the file of V Additional District and Sessions Judge - Cum - Special Judge for Trial of the Offences under the provisions of SCs and STs (POA) Act, 2015, would be a futile exercise and relegating the matter for trial in the wake of the filing of the affidavit by the 2"'* respondent would be of
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3. no consequence. Under these circumstances, SC.No.3 of 2023 on the file of V Additional District and Sessions Judge - Cum - Special Judge for Trial of the Offences under the provisions of SCs and STs (POA) Act, 2015 is hereby quashed against the petitioners. AccbTcfihgly, the criminal petition is allowed.
4. As a sequel thereto, interlocutory applications pending, if any, shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// sectioiT^ficer To,
1. The V Offences Nellore, Additional District-cum-Sessions Judge for Trial under the provisions of SCs SPSR Nellore District. of the and STs (POA) Act, 2015 at
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2. The Station House Officer, Kavali I Town Police Station, SPSR Nellore District.
3. One CO to Sri Nikhil Chowdary Guntupalli, Advocate [OPUC]
4. One CC to Sri S.Siva Rama Krishna Prasad, Advocate [OPUC]
5. Two GO'S to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
6. Three CD Copies. BSV gl X ’-X
/ HIGH COURT \' \ BSV DATED:01/05/2025
ORDER CRLP.No.7149 of 2024 ALLOWING THE CRIMINAL PETITION