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2026 DAILYLAW 16442 (AP)

Koduru China Demudu v. The State of Andhra Pradesh

CRLP/882/2020 · 2026-02-16

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010062632020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 882/2020 Between: 1. KODURU CHINA DEMUDU,, S/O. LATE CHINNA, (ACCUSED NO.2) AGED ABOUT 60 YEARS, OCC COOLIE, R/O. POTHANAPALLI VILLAGE, S.KOTA MANDAL, NEAR SANTHAGAVARAMMAPETA VILLAGE, WITHIN THE POLICE LIMITS OF S.KOTA, VIZ NAGARAM DISTRICT. 2. KODURU SANYASAMMA,, W/O. CHINA DEMUDU, (ACCUSED NO.3) AGED ABOUT 55 YEARS, OCC HOUSEWIFE, R/O. POTHANAPALLI VILLAGE, S.KOTA MANDAL, NEAR SANTHAGAVARAMMAPETA VILLAGE,WITHIN THE POLICE LIMITS OF S.KOTA, VIZIANAGARAM DISTRICT. 3. DUVVAVARAPU VENKATA RAMANA,, (ACCUSED NO.4) S/O. LATE APPALASWAMI, AGED ABOUT 45YEARS, R/O. S.C.COLONY, S.KOTA VILLAGE AND M4NDAL -AND POLICE LIMITS, VIZIANAGARAM DISTRICT. 4. DUVVAVARAPU RAMALAKSHMI,, (ACCUSED NO.5) W/O. VENKATARAMANA, AGED ABOUT 40 YARS, R/O. S.C.COLONY, S.KOTA VILLAGE AND MANDAL -AND POLICE LIMITS, VIZIANAGARAM DISTRICT. 5. KODURU SATEESH,, S/O. CHINA DEMUDU, (ACCUSED NO.6) AGED ABOUT 30 YEARS, OCC TRACK MAN IP ECO RAILWAY, R/O. BORRA RAILWAY STATION, ANANTHAGI(RI MANDAL AND POLICE LIMITS, VISAKHAPATNAM DISTRICT. 2 6. KODURU BHARATHI,, W/O. SATEESH, (ACCUSED NO.7) AGED ABOUT 24 YEARS, OCC HOUSEWIFE, R/O. BORRA RAILWAY STATION, ANANTHAGIR,MANDAL AND POLICE LIMITS, VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE, VELAGAPUDI, AMARAVATHI 2. SANTHI DALAYI, D/O. RAMARAO, AGED ABOUT 28 YEARS, OCC PRIVATE EMPLELYEE, R/O. ANDRA VILLAGE, MENTADA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. S SRIDHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the proceedings against the Petitioners/Accused Nos.2 to 7 in C.C.No.93 of 2019 for the alleged offences punishable under Sections 417, 376 read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’) and Sections 3(2)(v), 3(2)(va) and 3(1)(r) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the file of the Andra Police Station, Vizianagaram District. 2. Heard learned counsel for Petitioners and learned Assistant Public Prosecutor. Perused the record. 3. Respondent No.2 is absent. Except Petitioner No.5, the remaining Petitioners are not present despite there being a direction. Mr.S.Sridhar, learned counsel for the Petitioners, submits that some of the Petitioners are elderly and suffering from ailments, and therefore could not be present. 4. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor, submits that the police conducted a thorough investigation and filed the charge sheet on 26.12.2025, deleting the names of Petitioner No.1/Accused No.2, Petitioner No.5/Accused No.4, Petitioner No.4/Accused No.6, and Petitioner No.6/Accused No.7. The remaining Petitioners were shown as accused. The case is presently at the PRC stage. 4 5. On 17.02.2020, a learned Single Judge of this Court passed an order directing the Investigating Officer not to take any coercive steps. However, the Hon’ble Apex Court has categorically observed that an order directing that no coercive steps be taken in a quash petition cannot be passed and has deprecated the practice of passing such orders by the High Court. 6. Considering the facts and circumstances of the case, the Criminal Petition is disposed of, granting liberty to the Petitioners who are aggrieved by the filing of the charge sheet to file an appropriate petition under the provisions of ‘the BNSS’, if so advised. 7. The Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.02.2026 PRA 5 244 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.882 of 2020 Date:17.02.2026 PRA