Andhra Pradesh High Court - Amravati
Alluri Trimurthi Raju, vs The State Of A.P. on 24 March, 2021
Bench: R Raghunandan Rao
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
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