Pathivada Naga Pradeep Rana vs The State Through Represented By ...
2022 Latest Caselaw 8310 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                   MAIN CASE No.Crl.P.No.8636 of 2022
                                PROCEEDING SHEET

Sl.                                                                             Office
                                           ORDER

No       DATE                                                                   Note
1     03.11.2022   RRR, J
                                   Crl.P.No.8636 of 2022

The learned Public Prosecutor has taken notice for respondent No.1 and requests time to obtain instructions.

Issue notice to respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to respondent No.2 by registered post with acknowledgment due and file proof of service by the next date of hearing.

Post on 12.12.2022.

The petitioners are Accused Nos.1 to 5 in C.C.No.1252 of 2022 on the file Judicial First Class Magistrate (Special Mobile), Vizianagaram for offences under Section 498-A, 506 of IPC and Section 3 & 4 of Dowry Prohibition Act, 1961.

The petitioners have approached this Court with the contention that there are no allegations against them in the charge sheet which make out a case under the above provisions of law.

A perusal of the charge sheet shows that there are specific allegations against the 1st petitioner. However, the allegations against the petitioners 2 to 5 are general and omnibus

allegations without any specifics being recorded. In other circumstances, the ratio of the Judgments of the Kahkashan Kausar and Ors. Vs. State of Bihar and Ors.,1 would squarely apply.

Accordingly, there shall be stay of further proceedings in C.C.No.1252 of 2022 on the file Judicial First Class Magistrate (Special Mobile), Vizianagaram against the petitioners 2 to 5 including their appearance. The trial against petitioners No.1 may continue.

_________ RRR, J

RJS

(2022) 6 SCC 599