Andhra Pradesh High Court - Amravati
Madduri Kantha Rao vs The State Of Andhra Pradesh on 5 August, 2024
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
MONDAY THE FIFTH BAY OF AUGUST
TWO THOUSAND ANO TWENTY FOUR
. (PRESENT:
THE HONOURABLE SRI JUSTICE BV L N CHAKRAVARTHI
CRIMINAL PETITION NO: 5369 OF 2024
Between:
Madduri Kantha Rao, s/o, Jayantha Rao, Hindu, aged about 43 3 years, Occ
Business, D.No.1?-117, Vetapalem Post, Konduru Mandal, Krishna District
Petitioner/Accused
AND
1. The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court
Judicature, Amaravathi,
2. Andraju Rambabu, sfo Vasudeva Rao, Hindu, aged about 47 years,
Occ Business, O.No. TWiT", Hf Ward. Near Venkateswara Swamy
Temple, Repal &, Repalle Mandal, Guntur (istrict,
Respondents/Respondents
WHEREAS the Petitioner above named through his Advocate Sr
MAHADEVA KANTHRIGALA presenied this Petition under Section $28 of
BNSS (Section 482 of Or Pc), praying that in the circumstances stated In the
memorandum of grounds fled in Support of the Criminal Petition, the Hig
Court may be pleased to quash the orders dated 04.42.2093 in
Cr. MLP.No.513 of 2023 in C.ANo273 of 2029 on the file of the XI Additional
District and Sessions Judge, Tenall, Guntur District, in so for as fixing the im
on or before 4, Of. 20223 by extending four weeks dme for complance of the
os
ra
order. .
AND WHEREAS the High Court upon perusing the petition and
memorandum of grounds filed herein and upon hearing the arguments of Sri
MAHADEVA KANTHRIGALA Advocate for the Petitioners and of PUBLIC
PROSECUTOR for Respondent not directed issue of nofice in the
Respondent No.2 herein to show cause as to why this CRIMINAL PETITION
should not be admitted,
You Viz
1. Andrajy Rambabu, s/o Vasudeva Rao, Hindu, aged about 47 years,
Occ Business, D.No. 17-117, 1 Ward, Near Venkateswara Swamy
Temple, Repalie, Repalle Mandal, Guntur Distr
are be and hereby directed to show cause either appearing im) gersor or
through an Advocate, as to why in the circumsfances set out in the petition
and the rmiemorandum of grounds fled therewith(cooy enclosed } ths
GRIMINAL PETITION should not be admitied within four weeks or to which
date the case stands posted for hearing.
IA NO: 1 OF 2024
Petition under Sention 528 of BNSS, 2025(Section 482 of Gr Po),
praying that in the circumstances slated In the memorandum of grounds Hled
in support of the Criminal Petition, the High Court may be pleased fo extend
four weeks time for compliance of ihe condilion imposed Cri ALP.Ne.Si3 of
2023 in C.ANo.273 of 2023 an the He of the Xf Additional District and
Sessions Judge, Tenall, Guntur District, 2 pending disposal of CRLP No, §38e
of 2024, on the file of the High Court. --
Yre Court made the following: ORDER
"Heard learned counsel representing for the petiioner.
Learned Assistant Public Prosecutor takes notice for respondant
No.1 and seeks time to get instructions in the matter.
_fissue notice to respondent No.2.
Learned counsel for the petitioner is permitied to take out personal
natice fo respondent No.2 through registered past with acknowledament
due and Mle proof of service inte the Registry by next date of hearing,
Learned counsel for the petitioner would submit that the arder af
Appellate Court dated 04.12.2023 vide CriiV.P.No.StS of 2693 in
C.A.No.273 of 2023 on the file of the Xi Additional District and Sessions
Judge, Tenall, Guntur District, was not in accordance with the judgment
of the Hon'ble Apex Court in the case of Jamboo Shandari v. MP. State
Industrial Development Corporation Lid, & Ors reported in 2023 Live
LAW (SC) 776. .
Considering the said circumstances, "the Suspension of Sentence
of imprisonment ordered by the Appellate Court shaij be in force for a
period of ten (10) days".
| List the matter after ten (10) days."
Sdi- SK. MD. RAF!
ASSISTANT REGISTRAF.
WTRUE COPY)
oY ie . gna ae
SECTION OFFICER
For é "
To,
1. The X! Additional District and Sessions Judge, Tenall, Guntur District
ho
Andraju Rambabu, s/o Vasudeva Rao, Hindu, aged about 47 years,
Oce Business, D.No. 17-4 Tou Ware, Near Venkateswara Swany
Temple, Repalie, Repalle Mandal, Guntur District. (by RPAD. aiong with
& copy of petition and memorandum of grounds}
3, One CC to SRL MAHADEVA NANTHRIGALA Advocate HOPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of A.PYOUT]
5. One spare copy. .
Dek
NIGH COURT
BYVLNC.J
LIST THE MATTERS AFTER TEN DAYS
NOTICE BEFORE ADMISSION
CRUP.No.S38g of 2024
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