Andhra Pradesh High Court - Amravati
Rama Krishna Raju Samanthapudi vs State Of Andhra Pradesh on 30 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
TUESDAY, THE THIRTIETH DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
IA No. 2 OF 2021
IN
CRLP NO: 2038 OF 2021
Between:
1.
Rama Krishna Raju Samanthapudi, S/o. Venkateshwara Raju Samanthapudi,
Aged about 33 years, Private Employee, Currently working in the USA,
Permanent R/o Door No 21-10/5-77A, Gokul Street, Srinagar, Vijayawada
520011, Krishna District, Andhra Pradesh
Durga Bhavani Samanthapudi, W/o. Venkateshwara Raju Samanthapudi, Aged
about 57 years, Home Maker, R/o Door No.21-10/5-77A, GOkul Street, Srinagar,
Vijayawada 520011, Krishna District, Andhra Pradesh
Venkateshwara Raju Samanthapudi, S/o. S.Sesham Raju, Aged about 60 years,
Occ: Retd Govt Employee, Perment R/o Door No.21-10/5-77A, Gokul Street,
Srinagar, Vijayawada 520011, Krishna District, Andhra Pradesh
...Petitioners/Accused Nos.1 to 3
(Petitioner in CRLP 2038 OF 2021
on the file of High Court)
AND
. State of Andhra Pradesh, Represented by SHO Women PS., Vijayawada city,
Krishna District, Andhra Pradesh, Through the Public Prosecutor High court at
AMaravathi.
Lakshmi Aparna Penumetsa, D/o P.Srinivasa Raju, aged about 31 years, R/o
D.No.20-2-19, Near Arch Main Road, Ayodhyanagar, Vijayawada, Krishna
District, Andhra Pradesh.
...Respondents/Complainant
(Respondents in-do-)
Counsel for the Petitioners : SRI KONDAPARTHY KIRAN KUMAR
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the memorandum of grounds of criminal petition, the High Court may be pleased to
Grant stay of all further proceedings including appearance of the Petitioners/accused
No 1 to 3 in CC.No.765/2021 on the file of IJ Additional Chief Metropolitan Magistrate
Vijayawada, Krishna District, Andhra Pradesh, pending disposal of CRLP No. 2038 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).
ORDER:
"The petitioners herein are accused Nos.1 to 3 in C.C.No.765 of 2021 in the
Court of the Ii Additional Chief Metropolitan Magistrate, Vijayawada.
The charge sheet seeks to make out a case under Sections 498-A, 417 IPC
and Sections 3 and 4 of the Dowry Prohibition Act.
The very same petitioners, when the case was at the stage of investigation
in Cr.No.148 of 2020 in the Women Police Station, Vijayawada had approached
this Court by way of Crl.P.No.5657 of 2020.
This Court by order, dated 08.12.2020, taking into account the prima facie
case of the petitioners that there was a dissolution of the marriage between
petitioner No.1 and the defacto complainant and taking into account the judgment
of the Hon'ble Supreme Court in the case of Mohammad Miyan and others vs.
State of Uttar Pradesh and others reported in (2019) 13 SCC 398 had granted stay
of all further proceedings till the next date of hearing. It appears that a charge
sheet had been filed. In view of the same, Crl.P.No.6173 of 2020 was dismissed
as withdrawn with liberty to file a fresh petition against the charge sheet.
The petitioners are now preferring the present criminal petition against the
charge sheet filed in C.C.No.765 of 2021 in the Court of the Il Additional Chief
Metropolitan Magistrate, Vijayawada.
As the contentions raised earlier are still available in the present case and
in view of the earlier orders of this Court, there shall be an interim stay of further
proceedings in C.C.No.765 of 2021 in the Court of the Il Additional Chief
Metropolitan Magistrate, Vijayawada including the appearance of the petitioners."
SD/- CHITTI JOSEPH
ASSISTANT REGISTRAR
- y
ITTRUE COPY// SECTION OFFICER
For.
. The Station House Officer, Women Police Station, Vijayawada city, Krishna
District, Andhra Pradesh.
The II Additional Chief Metropolitan Magistrate Vijayawada Krishna District,
Andhra Pradesh
Lakshmi Aparna Penumetsa, D/o P.Srinivasa Raju, R/o D.No.20-2-19, Near Arch
Main Road, Ayodhyanagar, Vijayawada, Krishna District, Andhra Pradesh. (by
RPAD- along with a copy of petition and memorandum of grounds)
One CC to Sri. Kondaparthy Kiran Kumar, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy
ir
_ HIGH COURT
~
SS
RRRJ
DATED:30/03/2021
ORDER
IA No. 2 OF 2021
IN
CRLP NO: 2038 OF 2021
INTERIM STAY
aq NAR
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