Citation : 2022 Latest Caselaw 1207 AP
Judgement Date : 7 March, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. CRL.P.No.110 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE NOTE
No.
1. 07.03.2022 DR, J
Learned counsel for the petitioners
submitted that initially the crime was registered
under Section 304-A of IPC but subsequently the
respondent-police filed FIR by altering the
charges from Section 304-A IPC to Section 304-II, 182, 201 r/w 109 IPC, which is contrary to the ratio laid down by the Hon'ble Apex Court in various judgments.
Learned Assistant Public Prosecutor opposed the same and submitted that the petitioners have no such ground and it is for the State to alter the section of law, basing on the evidence collected.
After notice, Sri Sai Gangadhar Chamarthi, counsel filed Vakalath for the respondents 3 and 4 and sought time to argue the matter.
Learned counsel for the petitioners insisted for interim directions, as the court below issued summons and scheduled to proceed with the trial, once the trial begins the matter will become infructuious.
Considering the submissions made by the learned counsel for the petitioners and on perusal of the material on record, there shall be stay of all further proceedings in S.C.No.231 of 2019 on the file of XII Additional District and Sessions Judge at Pithapuram, East Godavari District for a period of four (04) weeks.
Post after two (02) weeks.
________ DR, J Pnr
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