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2026 DAILYLAW 4713 (AP)

Pamarthi Mounika Devi v. The State of Andhra Pradesh

CRLP/4730/2026 · 2026-07-05

Maheswara Rao Kuncheam

Transfer Petitionbody2026

Judgment text

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Date of reserved for orders Date of pronouncement Date of uploading APHC010295562026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4730/2026 Between: 1. PAMARTHI MOUNIKA DEVI, D/O. SRINIVASA RAO, AGED ABOUT 28 YEARS,R/O. 2-47, KUNTAMUKKALA, G.KONDURU MANDALOLD KRISHNA,PRESENT NTR DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI.A.P 2. PONUGANTI PUSPAVATHI, W/O. SOBANATRI, AGED ABOUT 55 YEARS,R/O KUNTAMUKKALA, G.KONDURU MANDALOLD KRISHNA,PRESENT NTR DISTRICT 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 C.C No. 136 of 2019 on the file of the learned 1ST Additional Judicial First Class Magistrate, Mylavaram, insofar as the petitioner/Accused No.5 is concerned, and pass IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in th circumstances stated in the Memorandum of Grounds of Criminal Petition,the Date of reserved for orders : - : 06.07.2026 : 10.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 6th DAY OF JULY 2026 PRESENT HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4730/2026 PAMARTHI MOUNIKA DEVI, D/O. SRINIVASA RAO, AGED ABOUT 28 47, KUNTAMUKKALA, G.KONDURU MANDALOLD KRISHNA,PRESENT NTR DISTRICT - 521230 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI.A.P - 522239 PONUGANTI PUSPAVATHI, W/O. SOBANATRI, AGED ABOUT 55 YEARS,R/O KUNTAMUKKALA, G.KONDURU MANDALOLD KRISHNA,PRESENT NTR DISTRICT - 521230 ...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 C.C No. 136 of 2019 on the file of the learned 1ST Additional Judicial First Class Magistrate, Mylavaram, insofar as the petitioner/Accused No.5 is concerned, Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in th circumstances stated in the Memorandum of Grounds of Criminal Petition,the IN THE HIGH COURT OF ANDHRA PRADESH [3504] HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM PAMARTHI MOUNIKA DEVI, D/O. SRINIVASA RAO, AGED ABOUT 28 47, KUNTAMUKKALA, G.KONDURU MANDALOLD ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC 522239 PONUGANTI PUSPAVATHI, W/O. SOBANATRI, AGED ABOUT 55 YEARS,R/O KUNTAMUKKALA, G.KONDURU MANDALOLD ...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 C.C. No. 136 of 2019 on the file of the learned 1ST Additional Judicial First Class Magistrate, Mylavaram, insofar as the petitioner/Accused No.5 is concerned, 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 2 High Court may be pleased to dispense with filing of the certified copy of Charge Sheet, in CC No. 136 of 2019, dated on the file of Hon'ble Court of 1STAdditional Judicial First Class Magistrate, Mylavaram, before this Hon’ble Court and pass IA NO: 2 OF 2026 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 to stay all further proceedings against the petitioner/Accused No.5 in C.C. No. 136 of 2019 on the file of the learned 1 Additional Judicial First Class Magistrate, Mylavaram, including her personal appearance before the trial Court, pending disposal of Criminal Petition and pass Counsel for the Petitioner/accused: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4730 OF 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A5), seeking to quash the charge sheet in C.C.No.136 of 2019 on the file of the learned I Additional Judicial First Class Magistrate, Mylavaram, wherein she was charged for the offences punishable under Sections 323, 324 & 354 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioner submits that the petitioner herein (A5) was charged with the offences punishable under Sections 323, 324 & 354 read with Section 34 of the IPC in C.C.No.136 of 2019 on the file of the learned I Additional Judicial First Class Magistrate, Mylavaram. 4. Learned counsel further submits that the petitioner herein (A5) is an unmarried woman and is working. 5. Though multiple grounds are raised in the affidavit, during the course of arguments, the learned counsel for the petitioner restricted the prayer in the present petition to dispensing with the personal appearance of the petitioner in the proceedings in C.C. No. 136 of 2019 before the trial Court. 4 6. On the other hand, the learned Assistant Public Prosecutor fairly submits that the petitioner herein (A5) is an unmarried woman and is working. 7. Considering the submissions made by learned counsel for the petitioner, and after perusal of the entire material available on record, the presence of petitioner herein (A5) before the learned I Additional Judicial First Class Magistrate, Mylavaram, in C.C.No.136 of 2019 is dispensed with, except on those dates when the learned Magistrate feels that her presence is necessary. 8. Accordingly, the Criminal Petition is disposed of. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 03.07.2026 MDP Whether the order is: ✓ ✓ Speaking Yes/No / Reasoned Yes/No ✓ ✓ Reportable Yes/No / Non-Reportable Yes/No