Andhra Pradesh High Court - Amravati
The State Ofandhra Pradesh vs Omkar D Presented This Petition ... on 11 July, 2023
/i f.?€-,f.i ,a
(snow CAUSElt= NU I [CE
NOTICE BEFOREADMISSION)
BEFORE ADMISSION)
IN THE HIGH COURToF OF ANnHRA PPAnEeu
ANDHRA PRADESH_AT ^T ^hH^l
AMARAVAl¥``I\"
_ --` ` . ````\ \| \-I -
TUESDAY, THE
I-HFELEVENTH
FI F\/FNTl|DAY
r`^V OF
r`[ JULY
II ,I `,
ll^/O THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 4727 OF 2023
Betwee n :
1. Metta Vykunta Rao, S/o.Aged 55 years, Occ. A.S.I of Police, Narasannapeta
I Police Station, srikak.ulam DI'Strl'Ct.
2. Metta ViJ-aya Lakshm,I, w/a. Metta Vykunta Rao, Aged 50 years, occ.
Housewl'fe, R/o. Plot No.73, Kranthi Nagar, RTC Colony, Ragolu,,srikakulam
District.
3. Metta Venkata Gotham, s/a. Metta Vykunta Rao, Aged 29 years, R/a. PIot
No.73, Kranthj Nagar, RTC Calony, Ragolu, Srl'kakulam District
Petitio ners/Ace used
AND
1. The State ofAndhra pradesh, represented by its public prosecutor, HI-gh
court of Andhra Pradesh at Amaravati, Hl'gh Court Buildings at Ne]apadu,
AmaravatI', Guntur DI'StrI'Ct.
2. Boddepal'i Bhagyasri, w/o Metta Pardhasaradhi, Aged 26 years, C/o Sri.
Nuka Haranadh, D.No.4-1-34/1, 2nd Floor of the Building, Boddepallipeta,
____ _Cr) ___-_I-`~|||t+\+
Amadalavalasa Municir,alI'tV
Municipall'ty anrl Manrial srikakulam
and Mandal, er:I,A,,Hl^J_ r`:_I_:_I
District. ,A -I
(De-Facto
Complainant)
Respondents
WHEREAS the Petitioners/Accused above named through their Advocate Sri
OMKAR D presented this petition under section 482 of Cr.P.C, praying that l'n the
circumstances stated in the grounds filed in support of the criminal petition, the High
court may be pleased to quash the proceedings against the petitioners in the
charge sheet filed in c.c.No. 320 of 2023 on the file of Junior Gv" Judge Gum
Judicial Magistrate Fl-rst Class court at Amadalavalasa, Srikakulam Distrl-ct,
registered against FIR.No.13 of 2023 dated 30.01.2023 under section 498A IPC and
section 3 and 4 of Dowry PrchibI-lion Act, on the file of Amadalavalasa palice
station, Amadalavalasa MandaI, Srikakulam District, in view of the law laid down by
the Honourable supreme couit in the judgments reported in 1992 Supp (1) SCC
335.
AND WHEREAS the High Court upon perusing the petition and nemorandum
of grounds filed herein and upon hearing the arguments of sri OMRAR D Advocate
for the petitioner and of public prosecutor for Respondent No.1, directed issue of
notice to the Respondent No.2 herein to show cause as to why this CRIMINAL
PETITION should riot be admitted.
You vl'z:
Boddepalli Bhagyasri, w/o Metta Pardhasaradhi, Aged 26 years, C/a Sri.
Nuka Haranadh, D.No.4-1-34/1, 2nd Floor of the Building, Boddepallipeta,
Amadalavalasa Municipality and Mandal, Srikakulam District.
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the Circumstances Set Out in the Petition and the affidavit filed
therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, within
six weeks on wh-lch date the case stands posted for hearing. ,
lANO: 2OF2023_
_____ _ __
petition under section 482 of Cr.P.C praying that in the cjroumstances stated
in the grounds filed in support of the petition, the Hish Court may be pleased to grant
stay of all further proceedings including appearance of the petitioners in C.C.No.320
of 2023 on the file of Junior Civil judge Gum Judicial Magistrate First Class Court at
Amadalavalasa,Srikakulam District, registered against FIR.No.13 of 2023 dated
30.01.2023 under section 498A IPC and Section 3 and 4 of Dowry Prohit,ition Act,
on the file of Amadalava[asa Police Station, Amadalavalasa Mandal,Srikakulam
District, pending disposal of CRLP No. 4727 of 2023, on the file of the Hieh Court.
The Court made the following:
ORDER:
€fLeamed Assistant Public Prosecutor takes notice for respondent No.1
and seeks time to get instructions in the matter.
Issue notice to respondent No.2l
Leamed counsel for the petitioners is permitted to take out personal
notice to respondent No.2 by RPAD and file proof of service before the
Registry within a period of three (3) weeks.
On a perusal of the material on record goes to show that except making
omnibus accusations, no specific overt acts have been attributed against the
petitioners herein/A2 to A4. All the accusations have been attributed against
Al only-
ln.view of the aforesaid facts and circumstances of the case, there shall
be interim stay of all further proceedings including appearance of the
petitioners herein/A2 to A4 in CC No.320 of 2023 on the file of leamed Judicial
Magistrate of First class, Amadalavalasa, Srikakulam district, for a period of
eight (8) weeks.
List the matter after six (6) weeks."
Sd/- T. MADHAVl
AS S ISTA Nrz;5JqISTRAR
//TRUE COPY//
Fc SECTION OFFICER
To,
1. The Judicial Magistrate of First class, Amadalavalasa, Srikakulam district
2. Boddepalli Bhagyasri, W/o Metta Pardtlasaradhi, Aged 26 years, C/o Sri.
Nuka Haranadh, D.No.4-1-34/1, 2nd Floor of the Burning, Beddepampeta,
Amadalavalasa Municipality and Mandal, Srikakulam District. (by RPAD-
along with a copy of petition arld memorandum of grounds)
3. One CC to SRl. OMKAR D Advocate [OPUC]
4. Two CCs to Public Prosecutor, High CourtofA.P. [OUT]
5. One spare copy
nPC
HIGH COURT
SRKJ
DATED: ll /07/2023
LIST THE MATTER AFTER SIX WEEKS
NOTICE BEFORE ADMISSION
CRLP.No.4727 of 2023
rf, irr'-i,''t:_I-;-jf¥j:9=_:i
-.'
'` -A .-|
i
fJ.i9,\iiP
_i -I;
INTERIM STAY !ul ,#"'3
