Andhra Pradesh High Court - Amravati
N.Chandrakala vs The State Of Andhra Pradesh, on 13 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBEf^'
-
TWO THOUSAND AND TWENTY FOUR I
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAI
CRIMINAL PETITION NO: 2277 OF 2022
Between:
1. N.Chandrakala, W/o. Sudhakar Reddy, Aged about 36 years,
R/o.D.No.19-8-114/2, AIR Bye-Pass Road, Hathiramji Colony, Behind
Maya Bazar, Tirupathi, Chittoor District, A.P.
2. Nallapareddy Suresh, S/o. Sidda Reddy, Aged about 23 years,
R/o.D.Nc.19-8-114/2, AIR Bye-Pass Road, Hathiramji Colony, Behind
Maya Bazar, Tirupathi, Chittoor District, A.P.
3. C.M.Pratap Kumar, S/o. C.R.Muniramaiah Goud, Aged about 36 years,
Ex-Army, R/o. Chintamakulapalli Village and Post, V.Kota Mandal,
Chittoor District, A.P.
...Petitioner/Accused Nos.1 to 3
AND
1. The State of Andhra Pradesh, Through S.H.O., Nallapadu Police
Station, Guntur District, Rep. by its Public Prosecutor,'High Court of
A.P., at Amaravathi.
...Respondent/Complainant
2. Medikonduru Padmavathi, W/o. Medikonduru Gopikrishna, Aged about
23 years, R/o. Jayalakshmi Apartment, Annapurna Nagar, Inner Ring
Road, Guntur City.
...Respondent/Defacto Complainant
Petition under Section 482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition,
the High Court may be pleased to Quash the proceedings in FIR.No.755/
2021, dt.05.08.2021 of Nallapadu Police Station, Guntur District, registered
U/Secs.42o, 406, 324, 509 and 506 r/w 34 IPC.
I.A. NO: 2 OF 2022
Petition under Section 482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition,
the High Court may be pleased to stay of all further proceedings, including
arrest of the Petitioners/Accused No. 1 to 3, in respect of FIR.No.755/2021,
dt.05.08.2021 of Nallapadu Police Station, Guntur District, registered
U/Secs.420, 406, 324, 509 and 506 r/w 34 IPC, pending disposal of the
main Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum
of Grounds of Criminal Petition and upon hearing the arguments of Sri S S
Bhatt, Advocate for the Petitioner and the Public Prosecutor on behalf of the
Respondent No.1 and of Sri Karumanchi Indraneel Babu, Advocate for the
Respondent No.2
The Court made the following:
1
APHC010110892022
IN THE HIGH COURT OF ANDHRA PRADESH
Sl^iS AT AMARAVATI [3396]
(Special Original Jurisdiction)
WEDNESDAY ,THE THIRTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAl PRATAPA
r.RlMINAL PETITION NO: 2277/2022
Between;
N.chandrakala and Others ...PETITIONER/ACCUSED(S)
AND
The State Of Andhra Pradesh and ...RESPONDENT/COMPLAlNANT(S)
Others
Counsel for the Petitioner/accused(S):
1.S S BHATT
Counsel for the Respondent/complainant{S):
1.KARUMANCH1 INDRANEEL BABU
2. PUBLIC PROSECUTOR (AP)
The Court made the following:
ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal
Procedure, 1973 (for short Cr.P.C) has been filed, by the
Petitioners/Accused Nos.1 to 3, seeking to quash the proceedings in FIR
No.755/2021, dt: 05.08.2021 of Nallapdu Police Station, Guntur District,
registered U/s 420, 406, 324, 509 and 506 r/w 34 IPC against the
Petitioner/Accused Nos. 1 to 3.
2. Heard Sri S.S. Bhatt, learned counsel for the Petitioners and Sri K.
Indraneel Babu, learned counsel for the Respondent No.2 and Ms. K.
Priyanka Lakshmi, learned Assistant Public Prosecutor representing the
State.
3. Learned counsel for the Petitioners would submit that it is a case and
counter case.
The case which was lodged on the complaint of the
Petitioner was referred as false. Now the Petitioner filed a protest petition
which is pending before the Court.
4. Learned Assistant Public Prosecutor would submit that the
investigation is not completed and charge-sheet is not filed in this matter.
5.
Learned counsel for the Respondent No.2 would submit that the
Court may pass appropriate orders.
6. Learned counsel for the Petitioners would submit that the petition may
be disposed of protecting the Petitioners from the arrest.
::3::
7. Learned Assistant Public Prosecutor would submit that the Court may
give appropriate direction to the police in the light of the judgment of Hon'ble
Apex Court in Arnesh Kumar v. State of Bihar\
8. Considering the submissions, this criminal petition is disposed of with
the following:
a. Investigating Officer is at liberty to complete the investigation, in
accordance with law.
b. In the event of any coercive action sought to be taken against the
Petitioners, concerned police authorities are directed to
scrupulously follow the procedure prescribed under Section 41-A
Cr.P.C., and the guidelines laid down by the Hon'ble Supreme
Court in Arnesh Kumar's case (supra).
9. It goes without saying that, if any charge sheet is filed in the above
crime, the Petitioners are at liberty to challenge the charge sheet, if they
feels aggrieved by the same.
10. Accordingly, the Criminal Petition is disposed of.
Pending applications, if any, shall stands closed.
T
(2014) 8 see 273
SD/- N NAGAMMA
ASSISTANT REGISTER
//TRUE eOPY//
SE N OFFIGER
To
1. The Station House Officer, Nallapadu Police Station, Guntur District.
2. The Station House Officer, Mutyalareddipalli Police Station, Chittoor
District.
3. One CC to Sri. S.S. Bhatt, Advocate [OPUC]
4. One CC to Sri. Karumanchi Indraneel Babu, Advocate [OPUC]
5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at
Amaravati [OUT]
6. Three CD Copies
SAM
sree
HIGH COURT
DATED:13/11/2024
ORDER
'Ao
1 3 NOV 202'1 ni j
Co//
Current Section ^
A,'
DISPOSING OF THIS CRLP
