P.Thejesh, vs The State,
2021 Latest Caselaw 4526 AP

                        HIGH COURT OF ANDHRA PRADESH
                      MAIN CASE NO.: Crl.P.No.6105 of 2021
                                PROCEEDING SHEET

Sl.No.     Date                                  ORDER                             OFFICE
                                                                                    NOTE
                      DR,J
  1.     05.11.2021
                                           I.A.No.1 of 2021

                             Dispensed with for the present.
                                                                         ______
                                                                         DR, J
                                      Crl.P.No.6105 of 2021

                             Learned Additional Public Prosecutor takes
                      notice on behalf of respondent No.1-state.

Issue notice to the 2nd respondent. Post along with Crl.P.No.5523 of 2021.

______ DR, J I.A.No.2 of 2021 The impugned order was passed by the learned Magistrate while entertaining a protest petition filed by the de facto complainant after charge sheet was filed against A1 to A3, in the said case only for the offences punishable under sections 498-A of Indian Penal code, 1860 (for short "I.P.C.") and under sections 3 and 4 of the Dowry Prohibition Act, 1961 directing the police to file charge sheet against A1 to A5 by the impugned order for the offences punishable under section 313 of I.P.C and other offences.

The present criminal petition under section 482 of Code of Criminal Procedure, 1973 is filed assailing the said order on the ground that the Magistrate has no power under law to order for filing of fresh charge sheet for the offences, which the learned Magistrate found on facts of the case were made out in a protest petition. In support of the said contention, the petitioners have also relied on the Judgment of the Hon'ble Apex Court reported in 2019 8 SCC 27.

Therefore, the petitioners could make out a prima facie case warranting interference of this court to examine in the main Criminal Petition whether the impugned order of the learned Magistrate directing the police to file fresh charge sheet after allowing the protest petition, is legally sustainable or not and whether the said order is liable to be set aside or not.

Therefore, there shall be interim stay of further proceedings in P.R.C.No.26 of 2021 on the file of learned IV Additional Junior Civil Judge-cum- IV Additional Judicial Magistrate of First Class, Tirupati of Chittoor District, till the next date of hearing.

______ DR, J Pnr