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2025 DAILYLAW 8710 (AP)

MARGANA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2113/2025 · 2025-03-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2113 OF 2025 Between: 1. Margana Srinivasa Rao, S/o. Suryam, aged 62 years, R/o. Bimili Road, Santhapeta, Tagarapuvalasa, Visakhapatnam. (A2) 2. Margana Manga Thayaru, W/o. Margana Srinivasa Rao, aged 58 years R/o. Bimili Road, Santhapeta, Tagarapuvalasa, Visakhapatnam. (A3) 3. Padamati Leela Anantha Lakshmi, W/o. Prabhakar, aged 36 years. Railway New Colony, Hema Residency Visakhapatnam. (A4) ...PETITIONERS/ACCUSED N0.2 TO 4 AND 1. The State of Andhra Pradesh, (Tadepalligudem Town Police Station, West Godavari District), Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT 2. Sirigibathula Radha, W/o. Margana Sudheer Kumar, aged 26 years, R/o. 7-3-9, G2 Floor, Malleswari Enclave Apartment, Tadepalligudem Town, West Godavari, Andhra Pradesh. ...RESPONDENT/DE-FACTO COMPLAINANT Petition under Section 582 of BNSS and Section 482 of 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 Charge Sheet in C.C.No.683 of 2024 dated 09.12.2024 on the file of the Court of First Additional Judicial First Class Magistrate at Tadepalligudem insofar as the petitioners herein/Accused No.2 to No.4 are concerned. I.A, NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all the proceedings in the quash the Charge Sheet in C.C.No.683 of 2024 dated 09.12.2024 on the file of the Court of First Additional Judicial First Class Magistrate Tadepalligudem including dispensing with personal appearance insofar the petitioners herein/Accused No.2 to No.4 are concerned pending disposal of this criminal petition. at as This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BHOOMA MAHARSHI REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER APHC010094742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No:2113 OF 2025 Between: ...PETITIONER/ACCUSED(S) Margana Srinivasa Rao and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitloner/accused(S): 1.BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following order: 1. This criminal petition is filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short ‘B.N.S.S.’] seeking to quash the proceedings in C.C. No.683 of 2024 on the file of I Additional Judicial Magistrate of First Class, Tadepalligudem. -2- CRLP. No.2113 of 2025 2. The learned counsel for the petitioners submits that the petitioners 1 and 2 are the father and mother of A.1. Petitioner No.3 is the sister of A.1. The de facto complainant and A.1 were married and certain disputes nd arose during their marital life. Thereafter, the 2 respondent has filed a complaint against A.1 and the petitioners herein, and the same was registered as a case in Cr.No.305 of 2024 under Section 498-A read with 34 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. The police have filed a charge sheet and the same was taken on the file and the same was numbered as C.C.No.683 of 2024 on the file of I Additional Judicial First Class, Tadepalligudem. 3. Considering the submissions of the learned counsel for the petitioners that the petitioners are staying separately and have no role insofar as the marital disputes between nd A.1 and the 2 respondent, this Court deems it appropriate to dispense with the presence of the petitioners/A.2 to A.4 in C.C. No.683 of 2024 on the file of the I Additional Judicial First Class Magistrate, Tadepalligudem, subject to the petitioners filing an r -3- CRLP. No.2113of 2025 undertaking to appear before the I Additional Judicial First If Class Magistrate, Tadepalligudem, as and when required. 4. With these observations, the criminal petition is disposed off. 5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The First Additional Judicial First Class Magistrate at Tadepalligudem West Godavari District. 2. One CC to Sri Bhooma Maharshi Reddy, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies Pmg vna HIGH COURT DATED:03/03/2025 ORDER CRLP.No.2113 of 2025 DISPOSING OF THE CRLP