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2025 DAILYLAW 8970 (AP)

GORRELA HARI SIRISHA @ POTHULA SIRISHA v. THE STATE OF ANDHRA PRADESH

CRLP/1217/2024 · 2025-02-11

B V L N Chakravarthi

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. TUESDAY ,THE ELEVENTH DAY OF FEBRUAR'Io | TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1217 OF 2024 Between: 1. Gorrela Hari Sirisha @ Pothula Sirisha, W/o Pothula Venkata Naveen, aged about 39 years, R/o G 16/A, Flat No. 102, Seshadri Towers, Madhura Nagar Vignan Jyothi Public School Ameerpet, Sanjeeva Reddy Nagar, Hyderabad, Telangana, 2. GorrelaPrudhvinath ©Gorrela SivatejaPrudhvinadh, S/o Doreswararao, aged about 33 years. C/o Mig 1, 45(A) Uda Colony, Rajeev Nagar Line, Beside Rama Flats Ajit Singh Nagar, Vijayawada Urban Krishna District 520015. ...Petitioner/Accused No. 3 & 4 AND 1. The State of Andhra Pradesh, Rep. By Sub Inspector of Police Disha Women PS, Guntur Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...Respondent No.1 2. Gorella Satya Divya Naga Anusha, W/o Phanidhranath, Age 33 R/o D.No.20-04-18, Kidambi Residency, Lakshminarasimha temple back side, R. Agraharam, Guntur Town. years. swamy ...Respondent No.2/Defacto Complainant 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 quash the Charge Sheet in C.C. No. 1570 of 2023 on the file of IV Addl. Junior Civil Judge Guntur District for the alleged offence under section 498(A) of the Indian Penal Code, 1860 R/w Section 3 and 4 of Dowry Prohibition Act against the petitioners/ accused No 3 and 4. CC Number is amended as per the Court order dated 12.08.2024 in I.A.No.4 of 2024 in Crl.P.No.1217 of 2024. I.A. NO: 2 OF 2024 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 grant stay on all further proceedings in the charge sheet vide C.C.No.1570/2023 on the file of IV Addl. Junior Civil Judge Guntur District for the alleged offence under section 498(A) of the Indian Penal Code, 1860 RAN Section 3 and 4 of Dowry Prohibition Act petitioners/accused persons. against the This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nitish Banka representing Sri K.S.G. Padmavathi, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and Sri Toomu Bala Rama Murthy (No Representation) for the Respondent No.2. The Court made the following: ‘ % APHC010098472024 IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1217/2024 0^ [3368] Between: 1.GORRELA HARI SIRISHA @ POTHULA SIRISHA, W/0 POTHULA VENKATA NAVEEN, AGED ABOUT 39 YEARS, RIO G 16/A, FLAT NO. 102, SESHADRI TOWERs! MADHURA NAGAR VIGNAN JYOTHI PUBLIC SCHOOL AMEERPET, SANJEEVA REDDY NAGAR, HYDERABAD TELANGANA, 2.GORRELAPRUDHVINATH @GORRELA SIVATEJAPRUDHVINADH,, S/0 DORESWARARAO, AGED ABOUT 33 YEARS. C/0 MIG 1, 45(A) UDA COLONY, RAJEEV NAGAR LINE, BESIDE RAMA FLATS AJIT SINGH NAGAR, VIJAYAWADA URBAN KRISHNA DISTRICT 520015. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY SUB INSPECTOR OF POLICE DISHA WOMEN PS, GUNTUR REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI, 2.GORELLA SATYA DIVYA NAGA AN US HA, W/0 PHANIDHRANATH, AGE 33YEARS, RIO D.NO.20-04-18, KIDAMBI RESIDENCY, LAKSHMINARASlINHA SWAMY TEMPLE BACK SIDE,. R. AGRAHARAM, GUNTUR TOWN. ...RESPONDENT/COMPLAINANT(S): 2 f Counsel for the Petitioner/accusedfS): 1.K.S.G. PADMAVATHI Counsel for the Respondent/complairiant(S): 1. BALA RAMA MURTHY THUMU 2. PUBLIC PROSECUTOR (AP) The Court made the following: % 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO:1217 of 2024 ORDER: This Criminal Petition is filed by the petitioners/Accused Nos.3 and 4, under Section 482 Of Cr.P.C., to quash the proceedings in C.C.No.1570 of 2023 on the file of the learned IV Additional Junior Civil Judge-cum-IV Addl.Judicial Magistrate of First Class, Guntur. 2. Heard Sri Nitish Banka, learned counsel Smt.K.S.G.Padmavathi, learned counsel for the petitioners. representing 3. None appeared for the unofficial respondent. 4. Learned Additional Public Prosecutor representing the State is in attendance. 5. Learned counsel for the petitioners would submit that the petitioners were shown as A3 and A4 in C.C.No.1570 of 2023 the file of the learned IV Additional Junior Civil Judge-cum-IV Addl.Judicial Magistrate of First Class, Guntur, for the offence under Section 498A of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961. He would further submit that the petitioners are brother and sister of the husband of the complainant. They were roped in the said case only to exert pressure on the on 4 husband. He would further submit that there are no specific overt acts alleged against the petitioners, except bald and allegations. Therefore, in the light of recent judgment of the Hon’ble Apex Court in the case of Geddam Jhansi and another Vs. The State of Telangana and others\ charge sheet is not maintainable against the petitioners/A3 and A4, who are relatives of the husband of the complainant. vague 6. Perusal of copy of report i.e. F.I.R. as well as the statement of the complainant/unofficial respondent recorded under Section 161 Cr.P.C., would snow that the petitioners brother and sister of the husband respectively. All the overt acts are attributed against the husband. So far as the overt acts are against the petitioners are concerned that they are the family •. -V members of th^ husband, and they did not come to the rescue of the unofficial respondent. The other allegations are bald and vague. They are not attracting the offence punishable under Section 498A I.P.C. as well as Sections 3 and 4 of D.P. Act, 1961. Considering the facts and circumstances, of the case, and Judgment of the Hon’ble Apex Court in the case of Geddam Jhansi and another Vs. The State of Telangana and others, regarding filing false case against the family members of the 7. ^ 2025 see Online (SC) 263 \ 5 husband, this Court is of the considered opinion that it is a fit case to quash the proceedings against the petitioners/A3 invoking the provisions under Section 482 Cr.P.C. - .1 and A4 by p( 8. In the light of foregoing discussion, the Criminal Proceedings against the petitioners/A3 on the file of the learned IV Additional Junior Civil Judge-cum-IV Addl.Judicial Magistrate of First Guntur, are hereby quashed. Petition is allowed. and A4 in C.C.No.1570 of 2023 Class, 9. Accordingly, the Criminal Petition is allowed. As a sequel, interlocutory applications pending, if any, shall Stand closed. Sd/-JVI PRABHAKAR RAO assistant registrar J A-- //TRUE COPY// To, SECTION OFFICER 1 ■ The IV Additional Civil Judge (Junior Division) - Guntur, Guntur District cum - IV Additional Judicial Magistrate of First Class 2. The Sub Inspector of Police, 3. One CC to Sri. K.S.G. Disha Women PS, Guntur, Guntur District Padmavathi, Advocate [OPUC] 4. One CC to Sri. Toomu Balarama Murthy, Advocate [OPUC] 5. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] at 6. Three CD Copies Stu sree HIGH COURT DATED: 11/02/2025 ORDER CRLP.No.1217 of 2024 X 01 MAR 2025 09/ ^ . Current Secuon ^y/ ALLOWING THE CRIMINAL PETITION