K.Srinivasu vs The State Sho And Others
2024 Latest Caselaw 9456 AP

Andhra Pradesh High Court - Amravati

K.Srinivasu vs The State Sho And Others on 17 October, 2024

APHC010168452022
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                         [3396]
                          (Special Original Jurisdiction)

           THURSDAY ,THE SEVENTEENTH DAY OF OCTOBER
                TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

                   CRIMINAL PETITION NO: 2554/2022

Between:

K.srinivasu                                       ...PETITIONER/ACCUSED

                                    AND

The State Sho and Others               ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused:

   1. N SRIHARI

Counsel for the Respondent/complainant(S):

   1. PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER :

The instant petition under Section 482 of the Code of Criminal

Procedure, 1973 has been filed, by the Petitioners/Accused, seeking

quashment of the proceedings against him in C.C.No.13 of 2022, on the file of

Mangalagiri Rural Police Station, Guntur Urban District, for the offences

punishable under Sections 354(a), 354(c), 354-D, 506, 509, 323, 417, 427

IPC, Section 3(1) (r), 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 66-E, 67, 67-A,

ITA-2000-08.

2. Heard Sri N.Sri Hari, learned counsel for the petitioner and

Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor.

3. Learned counsel for the petitioner would submit that the petitioner has

lent Rs.2,00,000/- to the respondent No.2. When he admitted for return of his

money, as a counter blast this case has been lodged against him. He is

innocent and continuing the criminal proceedings against him is a mere abuse

of law.

4. Learned Assistant Public Prosecutor vehemently opposed the petition

and would submit that there are clear allegations made against the petitioner

to prove the offences as alleged under Sections 354(a), 354(c), 354-D, 506,

509, 323, 417, 427 IPC, Section 3(1) (r), 3(1)(w)(i), 3(2)(v) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section

66-E, 67, 67-A, ITA-2000-08. It is not a fit case for quashment and prays for

dismissal of the petition.

5. At this juncture, learned counsel for the petitioner would submit that

without causing any prejudice to the rights and contentions of the petitioner,

the petition may be disposed of.

6. In that view, this Criminal Petition is disposed of without causing

prejudice to the rights and contentions of the petitioner. This Court makes it

clear that this Court is not touching anything on the merits of the case. The petitioner is at liberty to raise all the contentions in his defence. The learned

trial Judge may appreciate and pass appropriate judgment according to law.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand

closed.

___________________________________ VENKATA JYOTHIRMAI PRATAPA, J

Date: 17-10-2024 MH

HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Dt.17.10.2024

MH