(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! WEDNESDAY, THE SECOND DAY OF MARCH TWO THOLGAND AND TWERTY TWO IPR ESENT: THE HONOURABLE SRI JUSTICE DL RAMESH CRIMINAL PETITHON Na. 1356 af 2022 Between 2 7 Alapati Sagar . ofp, Satyanarayana 2.Jalaparth) Bhargay, o/o, Rambabu 3. Manda Pavan Kurnar, S/o. M. Pandubabu 4. Yalamati Sasi Veerendr 'a, Sfa. Gerata Raju S.8asheer @ Shak Meeravall, $/a. Khadar Yall &. Manda Suresh Kumar, S/o. Rambabu. oo Petitioner / Accused (7 to 6}. ANS 1. The Stabs of Andhra Pradesh, Represe nted by Public Prosecutor, High Court of Andhra Pradesh, at Amaravatl. _ Respondent / Respondent.
2.Qasu Bethala, D/o. Sormaraiu, Marellamudi Village, Nallajerla Mandal, West Godavari District.
Respondent /Compiainant.
WHEREAS the Petitioner above named through thelr Advocat Sri G GV. Ramakrishna, presented this Petition under Section 482 of Cr PC. prs syine that in the circumstances stated in the Memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased fo quash the proceedings in PULR.No, 103 of 2022 dated 19-02-2022 on the file of the Nallaferla Police Station, West Godavari [Ns vy for the offemice punishable uncer Section GY, 148, 323 r/w. VW of LPLC A UYs. Shr}, 302} va} of 80 & ST POA Act .
AND WHEREAS the Hish Court upon perusing the petition and the Memorandum of grounds filed herein and upon hearing the arguments of SriG.¥. Ramakrishna, Advocate for the Petitioner and of the Asst, Public penne on benall of respondent No.t State, directed issue of natice to the Respancdent No. merein to show cause as te why this CRIMINAL PETITION should mot De admitted.
You viz Nasu Bethala, Ofo. Somaraju, Marellarnudi village, Nallajeria Mandal, West Gacavari District.
is directed to shaw cause either apacaring in person or through an advocate as to why in the circumstances set out in the petition and the grounds Nied therewith (capy enclosed) this CRIMINAL PETITION shauic not be adrnitted with In four (O4} weeks,
PANa. 2 of 202? s~
Fetition uncer sect 'on Be of Gt, Pe & pray ing that in the circumstances stated ral Petit! on, the High Court may be nigased 'fo stay ath further: proceedings incl tuel ing the arrest of the petitioners in P.LRNo. 103 of 2022 dated 19-02-2022 on the fle of the Nallajerla Palice Station, West Godavant District pending disposal of CrLPNo. 1356 of 2022 an the file of High Court,
ws $3 ood i
The Court made the fallowing ORDER :-
'issue Matica before acimission to the respondent(s).
Learned counsel for the petitiener{s} Is permitted to take out personal notices to the 2°" respondent by Registered post with acknowledgement due and
file proof of services infa the Registry.
Learned counse! appearing on behalf of the petitioners contends that there are no specific allegations made in the complaint dated 19. 2.2022 to attract Sections 3((}09, 3¢9} { }, FOR} fva} af SC ST POA Act. He further contends that in the complaint, the defcto carmplainant, an one hand, have mentioned that the patitioners came and attacked hirn with reds and weapons and on the other hand, he complains that the petitioners caught hold of the neck of the defacto complainant. Except this there are no specific allegations with regard fo the infuries. That Rself shows that if is arly to see that the petitioners should not a avial Section 474 Cr.P.C, the present sections are inchided, In support of his contention, fe relied upen the judgment of this Hon'ble Court rendered in criminal Petition No.ZS12 of 2003, wherein, at paragraph No.g6, Nh is held as follows :-
"as rightly contended by Sri. E.V.8hagiratha Raa, learned counsel for the patitioners in CrLP.No. 3342 of 2003 G.c. &.63 to 66) the charge is Bald! ard does nat state who among the &G persons named as accused uttered the offending words or which of the accused sai) what words and/ or their aver{ acts. A plait reading of the charge sheet shows that all the accuser) ahused the alleged victims. As rightly contended by the learned counsel & is net possibie to beleve that all accused, in chorus could not have uttered the same wards at the same time. 40, orima facie, position for an offence under Section 3(7} of the Act is an abused of pracess oF law."
Learned Assistant Public Frosecutor appearing on behalf of the respondent- State on instructions, submitted that though there are no specific allegations made against the oetitianers in the camplaint, in the statement recorded under Section 184 Cr. P.c, fifteen 8) witnesses were examined and as per the said statement, if clearly establishes that the petitioners have committed the offence
as mentioned by the defacta carmplainant in his campiain'.
Considering the submissions made, @ perusal of the complaint as well as the observations made by this High court in the abovementioned Criminal Patition, the respandents are directed to Rat to take any coercive steps against the petitioners in pursuance te F.LB.Ne. 103 af 2022 dated 19.02.2022 on the file of Nallajerla Palice Station, Wet Godavari INstrict.
Post this case after four i$} weeks,
SDI. K.SRINIVAS RAGU ASSISTANT REG ISTRAR fF TRUE COPY) '
for ASSISTANT
Te 1 The Station House Officer, Nallerla Police Station, West Godavari District.
2. Dasu Bethala, Oo, scmaraju, Marellamud! Village, Nallajeris Mancal, West Godavarl District, (BY RPAD- along with a capy of petition and mernorandum of grounds}
3.Qne CC toe Sri Guy, Ramakrishna, Advocate { OPC
4. Two CC's ta the Public Prosecutor, High Court of ALP. COUT}
4. One spare copy.
TRE
HIGH COURT
OR.
OT OS-03-2022.
NOTICE BEFORE ADMISSION
CRL.P.No. 1256 of 2022.
