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2025 DAILYLAW 56021 (AP)

KALVAPALLE PRAMEELA v. THE STATE OF AP

CRLRC/537/2025 · 2025-04-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI & m THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE V & \ ^ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 537 OF 2025 Revision filed under Section 397/401 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the order dated 20.04.2025 passed by the Hon’ble Principal Civil Judge (Junior Division) Proddatur l/c Judicial Magistrate of First Class, Mydukur in Cr. No.132/2025 and thereby grant judicial remand of Respondent No.2/Accused No.2 for proper adjudication/investigation Between: Kalvapalle Prameela, W/o (Late) Sreenivasulu, Aged about 40 years, R/o Thuvvalapalli Village Mydukur Mandal, Andhra Pradesh. ...PETITIONER/COMPLAINANT AND 1. The State of Andhra Pradesh Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati ...RESPONDENT N0.1 2. Vutukuru Raghu Rami Reddy, S/o Veera Reddy, aged about 50 years. R/o Thuvvapalli, G.V.Satram Cuddapah, Andhra Pradesh. ...RESPONDENT N0.2/ACCUSED N0.2 lA NO: 2 OF 2025 Petition under Section 528 Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 20.04.2025 passed by the Hon’ble Principal Civil Judge (Junior Division) Proddatur l/c Judicial Magistrate of First Class, Mydukur in Cr. No.132/2025 Counsel for the Petitioner:SRI. VENKAT CHALLA Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: None appeared The Court made the following order: 1 APHC010216582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 537/2025 Between; Kalvapalle Prameela ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1.VENKAT CHALLA Counsel for the Respondent: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Revision Case is filed seeking to set aside the impugned order dated 20.04.2025 passed in Cr.No.132 of 2025 on the file of learned Principal Civil Judge (Junior Division), Proddatur l/c Judicial Magistrate of First Class, Mydukur and consequently grant judicial remand of respondent No.2/accused No.2 for proper adjudication/ investigation. ' / 2. Heard Sri Venkat Challa, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that though the respondent No.2/ A2 is involved in kidnapping the daughter of the complainant, learned Magistrate has not taken him into judicial custody and directed the police to issue 35 BNSS and learned Judge at the time of remand itself, at the threshold of the case, has taken a view that the offence of kidnapping is not attracted against the petitioner. That is the grievance of the complainant. 4. Learned Assistant Public Prosecutor would submit that whatever the observations made by the learned Judge, are owning at the stage of remand. The investigation is pending. It is not completed. So, the said observations made may not come in the way of the Court to proceed further against the respondent No.2 for the offence of kidnapping, if any such material is there against the person. 5. Learned counsel for the petitioner, at this juncture, would submit that the petition may be disposed of by making such observations. 6. Considering the submissions made and on keen perusal of the impugned order rejecting the remand of A2 on the ground that there is no 3 material to attract the offence of kidnapping, it is apposite to dispose of the criminal revision case without causing any prejudice to the case of the de facto complainant. However, the investigation is at nascent stage. After completion of investigation by the police, if any material is there to attract the offence of kidnapping under Section 87 of BNS, against A2, it does not preclude the Court to take cognizance against A2 for the said section according to law. 7. With the above observation, the Criminal Revision Case is disposed of. 1 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// FFICER SE To 1. The Principal Civil Judge (Junior Division) Proddatur l/c Judicial Magistrate of First Class, Mydukur 2. OneCCto Sri. Venkat Challa, Advocate [OPUC] 3. Two CCS to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies VNA . J' HIGH COURT DATED:01/05/2025 ^Wands^ S 0 3 JUN im ? •a Current Section ORDER CRLRC.No.537 of 2025 DISPOSING OF THE CRIMINAL REVISION CASE