Andhra Pradesh High Court - Amravati
Kesavareddy Residential School vs D. Uma Devi on 2 March, 2023
SHOW CAUSE NOTICE BEFORE ADMISSION)
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
THURSDAY, THE SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY THREE
'PRESENT: 4
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NG: 1807 OF 2023
Rehwees:
A. Xesavareddy Residential School, Rep by fis Correspondent Nagireddy
-Keshava Reddy, Aged about 56 years, S/o. Subba Reddy, Balaji Oamplex,
Nandyal Town and Mandal, Nandyal District.
Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged abcai &6 years,
Correspondent Kesavareddy Residential School, Kesavareddy Educational
Society Balaji Complex, Nandyal Town and Mandal, Kurnoal District.
_£ Madhavi Latha, Wo B.S Sarna, Aged about 50 years, Occ. Princigal,
Kesava Reddy Residential Schoo!, Balaji Complex, Nandyal, Nandyal District.
.. Petitioners/Accused Nol to 3
Ka
ge
AND
4- D. Uma Devi, Wo. Subramanyam Raddy, Aged about 43 years,
Fo.D.No.25/38-1, Sanjeeva Nagar, Nandyal town and Mandal, Nandyal
Distract,
. RespondentiGemplainant
3 The State of Andhra Pradesh, Rep. by ifs Public Prosecutor, High Gaurt of
Andhra Pradesh, At Ameravath.
. Responiont
WHEREAS the Pefitioners above named through their Advocate Sri P
Nagendra Reddy presented this Pefition under Section 482 of Cr P.C, praying that in
the cirournsiances stated in the affidavit fled in support of the GrimninalPetition, the
High Court may be pleased fo quash the proogedinys in C.C.No. 4896/2015 onthe file
of the Judicial Magistrate of First Class, Nandyal, Kurnoc! District in the interest of
justice
ANDO WHEREAS the High Court upan perusing the petition and memorandum
of grounds filed herein and upon hearing the argumenis of Sri P Nagendra Reddy,
Advocate for the Petitioners and of Public Prosecutor for Respondent Nee, diacted
issue of notice fo the Respondent No.1 herein to shaw cause as to why Ns
CRIMINAL PETITION should not be admitied.
You viz:
D. Uma Devi, Wio. Subramanyam Reddy, R/o.0.No.25/35-1, Sanjeeva Nagar,
Nandyal fown and Mandal, Nandyal District.
are be and hereby directed io show cause either appearing In Bersort oF through an
Advocate, as fo why in the circumstances set out in the petitian and the
memorandum of grounds filed therewith (copy enclosed) this CRIMINAL PETITION
should not be admitted, within six (8) weeks.
iA NO: 3 OF 3623
Petition under Section 482 of Cr, P S praying that in the croumstances stated
7 ihe menorandum of ground is Hed in Criminal Petition, the High Court may be
pleased im grant stay of all further "proceedings including appearance of the
Pattionars i ©.C No 40/2073 on the Me of the Judicial Magistrate of Firet Claas,
Nandyal, Surnoal District, pending dissosal of CRLP No 160? of 2023, on the fle of
the High Court.
The Court made the following
ORDER:
"Learned Assistant Public prosecutor takes notice for respondant No.Z and
seeks me fo get instructions in the matter.
issue nafice to raspondant No.4
Learned counsel for the petiianers is permitted to take out persanal notices ta
respondent No.j by RPAD and file proof of service in the Registry within a periad of
three (S} weeks.
"Sri O.Manohar Reddy, learned Senior Counsel representing Sri P. Nagendra
Reddy, learned counsel far the petitieners, submits that aven aa per the averments
made in the complaint the nofice issued by the 1" resnondenticomplsinant has not
been served on the petitioners herein. He further submits that the arnounts have bean
taken by accused Na 2 in his individual capacity and whereas cheque was iagsued In
the name of accused No. Learned Senior lounsel while relying amon the judgment
"in is, Vasuruhera Projects Private Limited, rep. by He Chairman and Managing
Giractor v. State of AP, (2078 (2) ALT ORL G 7983 (3.8) further submits that the
complaint is nol maintainable, as there is no legally enforceable debt. The satter
requires further examination.
in view of the aforesaid facts and circumelances, there shall be interim stay of
aii further proceedings including appearance af the petitioners herein in CC No.d83 of
2037S on the file of the learned Judicial Magistrate of First Class, Nandyal, Kurnos!
district, far a perioad of sight {8} weeks.
His needless to mention here that in casa if the petitioners fall to take aut notice
on the 1" respondent ae directed shove, the interim siay granted in their favour shall
automaticaly stand vacated without further reference ta the Court.
List the matter afer six (6) weaks."
Sd/. S. SRINIVASA PRASAD
- 8s STANT, REGI ISTRAR wg
TRUE COPY!
For.
Ta,
1,
The Judicial Magistrate of First Clase, Nandy, Kurnool District
O. Umea Devi, Yio Subramanyam Reddy, Rin O.No Sai35-1, Sanieeva Nagar,
Nandyal tawn anc Mandal, Nandyal Distict (by RPAD- along with a copy of
netifion and mamorandum of grounds)
Cine CC to SF Nagendra Reddy, Advooate [OPUC]
Two CC to Public Prosacuiter, High Court of AP OUT]
Ge spare copy.
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