IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO IA No. 1 OF 2021 IN CRLP NO: 1812 OF 2021 Between: 1. Alluri Trimurthi Raju, S/o. Satyanarayana Raju, Agaed 59 years, C/Kshtriya, Royal Homes, L.R.Pet, Palakollu, West Godavari District. 2. Indurthi Balaji, S/o.Venkateswarlu, aged 42 years, C/Kapu, Bank Colony, Palakollu, West Godavari District. 3. Penumatsa Ramalinga Raju @ Koodandaramalinga Raju, S/o. Venkata Rama | Raju, aged 45 years, C/Kshtriya, L.R. Pet, Palakollu, West Godavari District. 4. Akula Suryanarayana Murthy, S/o. Bhaskara Murthy, aged 67 years, C/Kapu, Kunavaram, Amalapuram, East Godavari District. 5. Mandala Naga Suryanarayana, S/o. Vekateswara Rao, Aged 45 years, C/Kapu, Gorintada, Palakollu Mandal, West Godavari District. 6. Yarramsetti Naga Satyanarayana, S/o. Ramakrishna Rao, aged 53 years, C/ Kapu, Near Hanuman Theatre, Amalapuram, East Godavari District. 7. Penumatcha Ramakrishna Raju, S/o. Tirupati Raju, Aged 7O0years, C/Khatriya, Junnuru Village, Poduru Mandal, West Godavari District. 8. Mudragada Suryanarayana, S/o. Irriyya, aged 70 years, C/Kapu, 1*' Ward, Near Srinivasa Theatre, Amalapuram, East Godavari District. 9. Kollati Prasad, S/o. Subba Rao, Aged 35 years C/Kapu, R/o. Vadali Village, Penugonda Mandal, West Godavari District. 10.Sagiraju Venkata Raju, S/o. Suryanarayana Raju, aged 53 years, C/Kshatriya, Hanuman Colony, Palakollu, West Godavari District. . ...Petitioners/A1 to A10 AND The State of A.P., Inspector of Police (SHO), Palakollu Town Police Station, West Godavari District, Rep. by its Public Prosecutor High Court of AP, Amaravathi. . .Respondent/Complainant Counsel for the Petitioners : M/s. POLISETTY RADHA KRISHNA | Counsel for the Respondent : PUBLIC PROSECUTOR Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to stay of all further proceedings including the personal appearance of the petitioners in C.C.No.100/2020 on the file of Judicial First Class Magistrate of Palakollu, West Godavari District, pending disposal of CRLP No.1812 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:
"A charge sheet has been filed in C.C.No.100 of 2020 in the Court of Judicial First Class Magistrate, Palakollu, West Godavari District and the same is being challenged and the accused therein have preferred the present petition to quash the said C.C.No.100 of 2020.
Sri Polisetty Radha Krishna, learned counsel for the petitioners would | submit that the complainant in the case was also the investigating officer and the same is not permissible in view of the Judgment of the Hon'bole Supreme Court of India in case of Mohanlal Vs State of Punjab reported in (2019) 1 ALD (Crl.) 696; (2018) 17 SCC 627.
Prima facie, the contention of Sri Polisetty Radha Krishna, learned counsel for the petitioners' merits acceptance. Accordingly, there shall be stay of all further proceedings in CC.No.100 of 2020 in the Court of Judicial First Class Magistrate, Palakollu, West Godavari District including appearance of the petitioners. The learned Public Prosecutor submits the Judgment cited by Sri P.Radha Krishna, learned counsel for the petitioners has been overruled and seeks time to place the Judgment before this Court. Post on 06.04.2021."
ITTRUE COPY!/ SECTI For.
To, The Judicial First Class Magistrate of Palakollu, West Godavari District. The Inspector of Police (SHO), Palakollu Town Police Station, West Godavari District.
One CC to Sri. Polisetty Radha Krishna, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
NO --
Dako HIGH COURT RRR,J DATED:24/03/2021 POST ON 06.04.2021 ORDER IA No. 1 OF 2021 IN CRLP.No.1812 of 2021 INTERIM DIRECTION ek]