Extracted from the PDF above. The PDF is authoritative.
APHC010697882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13296/2025 Between:
1. BOPPANA RADHAKRISHNA, S/O NAGABHUSHANAM,AGED ABOUT 60 YEARS, OCC CULTIVATION.D.
NO. 5-124/9/2, ADITYA NAGAR,RATHI CHERUVU, LAKSHMI NAGAR, PENDURTHI,VISHAKHAPATNAM. 2. BOPPANA SAJISHA, W/O RADHAKRISHNA,AGED ABOUT 53 YEARS, OCC HOME MAKER,D.
NO. 5-124/9/2, ADITYA NAGAR,RATHI CHERUVU, LAKSHMI NAGAR, PENDURTHI,VISHAKHAPATNAM. 3. BOPPANA PUJA, D/O RADHAKRISHNA,AGED ABOUT 27 YEARS, OCC PRIVATE SERVICE.ALL ARE R/O D. NO. 5-124/9/2, ADITYA NAGAR,RATHI CHERUVU, LAKSHMI NAGAR, PENDURTHI,VISHAKHAPATNAM. ...PETITIONER/ACCUSED(S) AND
1. BOPPANA SOWJANYA, W/O VENKATESH,AGED ABOUT 27 YEARS, OCC EMPLOYEE,R/O CHANDARLAPADU VILLAGE AND MANDAL,NTR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, SUB-INSPECTOR OF POLICECHANDARLAPADU PS REP. BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...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 Charge sheet in C.C. No. 391 OF 2024 on the file of the Additional Judicial First-Class Magistrate Court at Nandigama, so far as against the Petitioners / Accused No.2 to 4, and to pass IA 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 STAY all further proceedings including appearance of petitioners/ Accused No. 2 to 4 in C.C. No. 391 OF 2024 on the file of the Additional Judicial First Class Magistrate Court at Nandigama, pending disposal of main Criminal Petition and to pass Counsel for the Petitioner/accused(S):
1. SREENIVASA RAO VELIVELA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2. THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13296/2025 The Court made the following Order:
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the petitioners/Accused Nos.2 to 4, seeking quashment of the proceedings pending against them in C.C No.391 of 2024 on the file of the learned Additional Judicial First Class Magistrate, Nandigama under Sections 498-A, 506 r/w.34 IPC and Sections 3 and 4 of D.P Act, 1961. 2. Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners and Mrs.
K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petitioners herein are the family members of Accused No.1 and no allegations are attributed against them as the defacto complaint joined Accused No.1/her husband at Australia, who is working there since so many years and she has never lived with the petitioners. Learned counsel for the petitioners would further submit that the petition may be disposed of, dispensing the presence of the petitioners before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of. However, the presence of the petitioners/Accused Nos.2 to 4, before the Trial Court is dispensed with, unless their presence is specifically directed by the Trial Court. The petitioners are at liberty to raise all the contentions which are raised in the present petition in their defence before the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.01.2026 Ksj