Proceeding Sheet vs Unknown
2023 Latest Caselaw 3199 AP

             HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

      MAIN CASE No.: Crl.P.No.727 of 2023
                                PROCEEDING SHEET

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NO.                                                                             NOTE
2)     16.06.2023 SRK, J


                          Issue notice to respondent No.3.

Learned counsel for the petitioner is permitted to take out personal notice to respondent No.3 by RPAD and file proof of service in the Registry within a period of three (3) weeks.

Learned counsel for the petitioner/A-4 contended that the case against the petitioner herein was split up and numbered as CC No.624 of 2019 for the reason that she is ordinarily resident of USA. He submits that so far as A-1 and A-3 are concerned, they were tried in CC No.586 of 2017 on the file of learned IV Additional Judicial Magistrate of First Class, Rajamahendravaram, and by judgment dated 04.07.2022, the learned Magistrate found A1 and A3 not guilty of the offences under Sections 498-A, 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. He further submits that since A2 died, case against him was abated.

A perusal of the judgment in CC No.586 of 2017, dated 04.07.2022, goes to show that omnibus accusations have been made against all the accused Nos.1 to 4. The de facto complainant, who was examined as PW.1, has given a go bye in her cross-

SL.       DATE                              ORDER                            OFFICE
NO.                                                                           NOTE

examination to the version given by her in the chief examination. The evidence that is let in, by the de facto complainant (PW.1) in CC No.586 of 2017 has also to be taken into account in respect of the petitioner herein in CC No.624 of 2019, which is a split up case from CC No.586 of 2017.

In view of the aforesaid facts and circumstances of the case, this Court is of the view that ends of justice would be met if the proceedings in CC No.624 of 2019 are stayed.

Accordingly, there shall be interim stay of all further proceedings including appearance of the petitioner herein in CC No.624 of 2019 on the file of learned IV Additional Judicial Magistrate of First Class, Rajamahendravaram, East Godavari district, for a period of eight (8) weeks.

List the matter after four (4) weeks.

                                                                   ______
                                                                   SRK, J
                 Nsr/Bms





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