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2025 DAILYLAW 9110 (AP)

Thalitha Nelaturi alias Nelaturi Thavitha v. The State of Andhra Pradesh,

CRLP/2991/2025 · 2025-06-17

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

» APHC010099582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2991 OF 2025 Between: 1. Thalitha Nelaturi @ Nelaturi Thavitha, aged about D/o.Narasaiah,D.No.2-12, Sankavaram, Prakasam District, Andhra Pradesh - 523254. 36 years ...Accused No.1 2. Nelaturi Swarna, aged about 39 years, D/o.Narasaiah, D.No.2-12 Sankavaram, Kanigiri Mandalam, Sankavaram, Prakasam District, Andhra Pradesh - 523254. ...Accused No.2 ...Petitioners/Accused No.1 and 2 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P. Velagapudi, Amaravathi, Guntur District. 2. The Station House Officer, Kanigiri Police Station, Prakasam District, Andhra Pradesh. 3. Nelaturi Suchi Kumari, W/o.Nathaniyelu @ Nagaraju, aged about 38 years, Private Teacher, R/o.D.No.2-12, Sankavaram Post, S.C. Colony, Kanigiri Town and Mandal, Prakasam District. ...Respondents/Complainant Petition filed under Section 528 of BNSS/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 proceedings in CC.No. 387 of 2024, on the file of the Court of Judicial First Class Magistrate for the offences U/s.498A, 342 R/W 34 IPC against the petitioners. Kanigiri lA NO: 1 OF Petition filed under Section 5 of Limitation Act circumstances stated in the Memorandum of Criminal Petition, the High may be pleased to condone the delay of 4 days in representing the CrI.P.SR. No.2619 of 2025. lA NO: 2 OF 2n2fi Petition filed under Section 528 of BNSS/Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to dispense with the presence of the Petitioners/Accused No.1 and 2 in CC.No.387 of 2024, on the file of the Court of Judicial First Class Magistrate, Kanigiri for the offences u/s.498A 34 I PC. I lA NO: 3 OF praying that in the Court 342 R/W Petition filed under Section 528 of BNSS/Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to dispense with filing of the original of CC.No.387 of 2024, on the file of the Court of Judicial First Class certified copy 7 Magistrate, Kanigiri for the offences u/s. 498A, 342 R/W 34 IPC before this Court. Counsel for the Petitioners: SRi JADA SRAVAN KUMAR Counsel for the Respondent Nos.1 and 2: ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.3: SRI INAKOLLU VENKATESWARLU The Court made the following Order: APHC010099582025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special OriginalJurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2991/2025 Between: 1.THALITHA NELATURI ALIAS NELATURI THAVITHA AGED ABOUT 36 YEARS, D/0. NARASAIAH, D/NO. 2-12, SANKAVARAM, PRAKASAM DISTRICT, ANDHRA PRADESH - 523254. 2.NELATURI SWARNA,, AGED ABOUT 39 YEARS D/0 SANKAVARAM, KANIGIRI PRAKASAM DISTRICT, NARASAIAH, D/NO.2-12, MANDALAM, SANKAVARAM, ANDHRA PRADESH - 523254. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE STATION HOUSE OFFICER, KANIGIRI POLICE STATION, PRAKASAM DISTRICT, ANDHRA PRADESH. 3.NELATURI SUCHI KUMARI, W/0 NATHANIYELU ALIAS YEARS. PRIVATE NAGARAJU, AGED ABOUT 38 TEACHER, R/O D. NO. 2-12, SANKAVARAM POST, SC COLONY, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. ...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 the proceedings in CC. No. 387 of 2024, on the file of the Honourable Court of Judicial First-Class 2 HN,J Crl.P.No.2991 of 2025 Magistrate, Kanigiri for the offence U/s 498A, 342 RM 34 I PC against the petitioners in the interest of justice lA NO: 1 OF 2025 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 condone the delay of 4 days in representing the CrI.P SRNo.2619of2025 lA NO: 2 OF 2025 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 with the presence of the Petitioners/Accused No.1 and 2 in CC. No. 387 of 2024, on the file of the Honourable Court of Judicial First-Class Magistrate, Kanigiri for the offence U/s 498A, 342 R/W 34 I PC till lA NO: 3 OF 2025 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 with filing of the original certified copy of on the file of CC.No. 387of 2024, on the file of the Honourable Court of Judicial First Class Magistrate, Kanigiri for the offence U/s 498A, 342 R/W 34IPC before this Hon’ble Court Counsel for the Petitioner/accused(S): 1.JADA SRAVAN KUMAR Counsel for the Respondent/complainant(S): 1. INAKOLLU VENKATESWARLU 2.PUBL1C PROSECUTOR The Court made the following: 3 HN,J Crl.P.No.2991 of 2025 ORDER: Learned counsel for the petitioners submitted that the petitioners are arraigned as Accused Nos.1 and 2 in C.C.No.387 of 2024 on the file of the learned Judicial First Class Magistrate, Kanigiri, for the offences punishable under Sections 498(A) and 342 read with Section 34 of the IPC. It is submitted that the learned Magistrate has taken cognizance only for the offence under Section 342 read with Section 34 of the IPC. The petitioners seek dispense with their personal appearance and undertake to appear before the trial Court as and when required for the purpose of trial. rd 2. Sri I. Venkateswarlu, learned counsel for the 3 respondent, submitted that he has no instructions insofar as the cognizance order is concerned. 3. Heard Sri Karthik Shah, learned counsel for the petitioners; learned Assistant Public Prosecutor appearing for respondent Nos.1 and 2; and Sri I. Venkateswarlu, learned counsel for the 3'^'^ respondent. 4. After considering the submissions and taking into account rd the fact that the petitioners are women and sisters of the 3 respondent (husband), there shall be a direction to dispensewith 4 HN,J Crl.P.No.2991 of 2025 their personal appearance, subject to their appearing before the learned trial Court as and when required and as directed by the said Court. 5. With the above observations, the Criminal Petition is disposed off. Pending miscellaneous petitions, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR r //TRUE COPY// SECTION OFFICER To 1. The Judicial Magistrate of First Class Magistrate, Kanigiri, Prakasam District. 2. The Station House Officer, Kanigiri Police Station, Prakasam District. 3. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] 4. One CC to Sri Inakollu Venkateswarlu, Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies BSV vna HIGH COURT DATED:18/06/2025 ORDER CRLP NO. 2991 OF 2025 DISPOSING OF THE CRIMINAL PETITION