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2025 DAILYLAW 57835 (AP)

KOTTAPU MADHAVI v. THE STATE OF ANDHRA PRADESH

CRLP/1054/2024 · 2025-10-26

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010087002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 1054 AND 1058 OF 2024 Crl.P.No.1054 of 2024 Between: 1. KOTTAPU MADHAVI, W/O.SURESH, AGED ABOUT 31 YEARS, R/O. D.NO.21-10/1-343/3, MUTYALAMPADU, VIJAYAWADA - 520011. 2. KOTTAPU SURESH,, S/O. CHANDRAIAH, AGED ABOUT 38 YEARS, R/O. D.NO.21-10/1-343/3, MUTYALAMPADU, VIJAYAWADA - 520011. 3. ARETI YEDUKONDALU,, S/O. SRINIVAS, AGED ABOUT 23 YEARS, R/O. AMBEDKAR COLONY, MUTYALAMPADU, VIJAYAWADA - 520011. 4. GANDIKOTA BAJIBABU,, S/O. VENKATESWARA RAO, AGED ABOUT 38 YEARS, R/O. D.NO.21-8-137, AMBEDKAR COLONY, MUTYALAMPADU, VIJAYAWADA. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI. 2. KAROTI KALPANA KEZIYA, W/O LATE VARA PRASAD, AGED ABOUT 43 YEARS, R/O. D.NO.61-2-195, R/O RAMALINGESWARA NAGAR, VIJAYAWADA. ...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 Courtmay be pleased to quash all further proceedings in CC.No.31/2020 on the file of the Court of III Addl. Metropolitan against the Petitioners/AccusedMagistrate, Vijayawada, Krishna District as Nos.2 to 5 is concerned, in the interest of justice and to pass such IA NO: 1 OF 2024 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 ray that this Hon’ble court may be pleased to grant Interim Stay of all further proceedings in CC.No.31/2020 on the file of the Court of III Addl. Metropolitan Magistrate, Vijayawada, Krishna District, including the appearance of this petitioner, pending disposal of the main Criminal Petition and to pass such Crl.P.No.1058 of 2024 Between: 1. K. VARA PRASAD,, S/O K. PRABHAKAR RAO, AGED ABOUT 46 YEARS, R/O. AMBEDKAR COLONY, MUTYALAMPADU, VIJAYAWADA - 520011. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI. 2. KAROTI KALPANA KEZIYA, W/O LATE VARA PRASAD, AGED ABOUT 43 YEARS, R/O. D.NO.61-2-195, R/O RAMALINGESWARA NAGAR, VIJAYAWADA. ...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 Courtpleased to quash all further proceedings in CC.No.31/2020 on the file of the Court of III Addl. Metropolitan Magistrate, Vijayawada, Krishna District as against the Petitioner/Accused No.l is concerned, in the interest of justice and to pass IA NO: 1 OF 2024 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 pleased to dispense from filing certified copy of CC No. 31/2020 on the file of the Court of III Addl. Metropolitan Magistrate, Vijayawada, Krishna District pending disposal of the main Criminal Petition and to pass IA NO: 2 OF 2024 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 pleased to grant Interim Stay of all further proceedings in CC.No.31/2020 on the file of the Court of III Addl. Metropolitan Magistrate, Vijayawada, Krishna District, including the appearance of this petitioner, pending disposal of the main Criminal Petition and to pass Counsel for the Petitioner/accused(S): 1. KOTESWARA RAO KOPPULA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. M V V R SATYANARAYANA THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 1054 AND 1058 OF 2024 COMMON ORDER:- Crl.P.No.1054 of 2024 The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioners/Accused Nos.2 to 5 seeking quashment of the proceedings in C.C.No.31 of 2020 on the file of learned III Additional Metropolitan Magistrate, Vijayawada, pending disposal of the Criminal Petition. Crl.P.No.1058 of 2024 The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner/Accused No.1 seeking quashment of the proceedings in C.C.No.31 of 2020 on the file of learned III Additional Metropolitan Magistrate, Vijayawada, pending disposal of the Criminal Petition. 2. Heard Sri K.Koteswara Rao, learned counsel for the petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State and Sri M.V.V.R.Satyanarayana, learned counsel for respondent No.2. 3. Learned counsel for the petitioners would submit that these petitions may be disposed of dispensing the presence of the petitioners before the Trial Court without causing any prejudice to their contentions raised in the present petitions. 4. Considering the submissions made, the Criminal petitions are disposed of. However, the presence of the Petitioners/Accused Nos.2 to 5 before the Trial Court is dispensed with unless their presence is specifically directed by the Trial Court. Consequently, miscellaneous petitions, pending if any, shall stand closed. _______________________________ VENKATA JYOTHIRMAI PRATAPA, J Dated: 27.10.2025 JLV 105 THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 1054 AND 1058 OF 2024 Dated: 27.10.2025 JLV