Korla Lakshminarayana v. The State of Andhra Pradesh
CRLP/4408/2026 · 2026-07-13
Maheswara Rao Kuncheam
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 5151 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5151 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
::1::
Date of pronouncement : 14.07.2026 Date of uploading : 15.07.2026 APHC010279472026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4408/2026 Between:
1. KORLA LAKSHMINARAYANA, S/O LATE APPANNA, AGED ABOUT 83YEARS. CASTE KALINGA, OCCUPATION RETIRED RAILWAY SENIORJ.E., R/O D.
NO. 2-60, MAIN STREET, PUNDI R.S., GUNALAPADU,VAJRAPUKOTHURU MANDAL, SRIKAKULAM DISTRICT. 2. KORLA KALAVATHI, W/O KORLA LAKSHMINARAYANA, AGED ABOUT 71YEARS. CASTE KALINGA, OCCUPATION HOUSEWIFE, R/O D. NO. 2-60, MAIN STREET, PUNDI R.S., GUNALAPADU, VAJRAPUKOTHURUMANDAL, SRIKAKULAM DISTRICT. 3. DEVI MAHALAKSHMI, W/O S.V.J. NETHAJI, AGED ABOUT 47 YEARS.CASTE KALINGA, OCCUPATION HOUSEWIFE, R/O D. NO. 2-60, MAINSTREET, PUNDI R.S., GUNALAPADU, VAJRAPUKOTHURU MANDAL,SRIKAKULAM DISTRICT. ...PETITIONER/ACCUSED(S) AND
::2::
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI. THROUGH ASSISTANTCOMMISSIONER OF POLICE, SC ST CELL- I, VISAKHAPATNAM CITY. 2. DR KILLU SRIDEVI, W/O K CHANDRA SEKHAR, AGED 37 YEARS.CASTE BHAGATHA, ASST. PROF AT KGH, R/O FLAT NO. ID, NANDALENCLAVE, KDPM HIGH SCHOOL ROAD, EAST POINT COLONY,VISAKHAPATNAM CITY. ...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 S.C. SPL No. 26 of 2020 on the file of the Court of the Hon'ble XI Additional District Judge-cum-Special Court for SC & ST Cases, Visakhapatnam, arising out of Crime No. 391 of 2019 Town Police Station, Visakhapatnam City, for the offences punishable under Sections 307, 498A r/w 34 IPC, Sections 3(l)(r)(s) & 3(2) (v) of the SC & ST (POA) Amendment Act, 2015 and Sections 3 85 4 of the Dowry Prohibition Act, of III insofar as the present Petitioners/Accused are concerned and pass IA NO: 1 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 leased to dispense with certified copy of SC. SPL. No.26 of 2020, on the file of the Court of Honourable Court of XI Addl.
District Judge cum Special Court for SC & ST Cases, Visakhapatnam, before this HonlDle Court and pass such other order or orders as this IA NO: 2 OF 2026
::3::
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 dispense with the personal appearance of the Petitioners before the Court of the XI Additional District Judge-cum- Special Court for SC & ST Cases, Visakhapatnam in S.C. SPL No. 26 of 2020, except when their presence is specifically required by the learned trial Court, in view of the advanced age and medical condition of Petitioner Nos. 1 and 2, and further direct that the Petitioners shall not be called to the police station unnecessarily except in accordance with the procedure established by law, pending disposal of the present Criminal Petition and pass Counsel for the Petitioner/accused(S):
1. JADA SRAVAN KUMAR Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
::4::
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Crl.P.No.4408 of 2026 The Court made the following O R D E R:
Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS), has been filed on behalf of the petitioners herein (A2 to A4), seeking to quash the proceedings in S.C. SPL No.26 of 2020 on the file of IX Additional District Judge-cum-Special Court for SC & ST Cases, Visakhapatnam wherein they were charged for the offences punishable under Sections 307, 498A read with 34 IPC and Sections 3(1)(r)(s) & 3(2)(v) of SC & ST POA Amendment Act 2015 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard Sri A. Tarun Kumar, learned counsel representing Sri Jada Sravan Kumar, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3.
Learned counsel for the petitioners submits in terms of the orders dated 17.06.2026, notice has been taken out on respondent No.2 and filed proof of service vide USR
::5::
No.70258/2026 on 07.07.2026, but there is no representation on behalf of Respondent No.2.
4.
Learned counsel for the petitioners submits that the petitioners herein (A2 to A4) were charged with the offences punishable under Sections 307, 498A read with 34 IPC and Sections 3(1)(r)(s) & 3(2)(v) of SC & ST POA Amendment Act 2015 and Sections 3 and 4 of Dowry Prohibition Act, 1961 on the file of IX Additional District Judge-cum-Special Court for SC & ST Cases, Visakhapatnam.
5.
Learned counsel further submits that the allegations made against the petitioners (A2 to A4) are omnibus and devoid of specific over acts against each accused.
6. Though multiple grounds are raised in the affidavit, during the course of arguments, the learned counsel for the petitioners restricted the prayer in the present petition to dispensing with the personal appearance of the petitioners in the proceedings in S.C. SPL No.26 of 2020 before the trial Court.
7. On the other hand, the learned Assistant Public Prosecutor fairly submits that the police filed charge-sheet against the petitioners under Sections 307, 498A read with 34 IPC and
::6::
Sections 3(1)(r)(s) & 3(2)(v) of SC & ST POA Amendment Act 2015 and Sections 3 and 4 of Dowry Prohibition Act, 1961 on the file of IX Additional District Judge-cum-Special Court for SC & ST Cases, Visakhapatnam.
8. Considering the submissions made by learned counsel for the petitioners, and after perusal of the entire material available on record, the presence of petitioners herein (A2 to A4) before the learned IX Additional District Judge-cum-Special Court for SC & ST Cases, Visakhapatnam, is dispensed with, except on those dates when the concerned jurisdictional Court feels that their presence is necessary.
9. Accordingly, the Criminal Petition is disposed of.
As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J
Dated: DT: 14.07.2026 Krk
::7::
HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 78
Crl.P.No.4408 of 2026
DT: 14.07.2026 krk