P.Venkateswarlu vs The State
2021 Latest Caselaw 3926 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                    MAIN CASE No.: Crl.P. No.5523 of 2021

                                PROCEEDING SHEET

Sl.                                                                          Office
       DATE                              ORDER
No                                                                           Note

1.    05.10.2021 CMR, J
                8




                                     I.A.No.1 of 2021

                       Dispensed with for the present.

                                                                ________
                                                                 CMR, J

                                  Crl.P. No.5523 of 2021

                       Learned Additional Public Prosecutor takes notice
                for 1st respondent / State and requests time to obtain

instructions.

Issue notice to 2nd respondent.

Post on 09-11-2021.

________ CMR, 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 A-1 to A-3 in the said case only for the offences punishable under Sections 498A of the 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 A-1 to A-5 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 the 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 Honourable 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.

________ CMR, J ARR