Allowed

Ponnari Suneetha at Jeldi Mary Suneetha, v. the State of Andhra Pradesh

Andhra Pradesh HC17 Aug 2023CRLP/647/2023

Case brief

AI extract

What is this about?

SC-ordered that Sessions Judge afford petitioner hearing on application under S. 173(8) Cr.P.C. before dismissing. Impugned default order set aside. Matter remanded to lower court to decide afresh within four months.

What did the court decide?

Impugned order dated 02.12.2022 set aside; Sessions Judge directed to dispose of CrI.MP No. 1801 of 2022 afresh after affording hearing within 4 months.

Ponnari Suneetha at Jeldi Mary Suneetha, Vs the… — Caste Atrocities | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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HONOURABLE SRI JUSTICE K SREENIVASA REDDY W

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CRIMINAL PETITION NO: 647 OF 2023

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Between:

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Ponnari Suneetha @ Jeldi Mary Suneetha,, \N/o Bala Dastatgiri, S/o Dastagiri, aged 52 years,Resident of Old Door No.3-10-1/K, New Door No.1215-466, Old Pattabhuram, Guntur City, [

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by the Public prosecutor. High court of Andhra Pradesh,Amaravathi.

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...Respondent

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Gundlakunta Udaya Bhaskar Reddy, S/o. Chenna Reddy,'Aged 48, R/o. 7-73, Prathipadu, Guntur District. Respondent No.2

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Respondent No.2 is impleaded as per Court Order dated 21.06.2023 in l./k.No.2of 2023 in Crl.P.No.647 of 2023

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...Respondent No.2

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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 pleased to set aside the order dated 2nd day of December, 2022 in Cr.L.M.P.No.1801 of 2022 in S.C.No.1.6/S/2016 on the file of the Hon'ble the Honorable Lower Special Sessions Judge appointed for trial of cases under Scheduled casts and Tribes (Prevention of Atrocities) Act, 1989 - cum dV Addl. Sessions Judge, Guntur.

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I.A.No:1 of 2023

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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 all further proceedings in S.C.16/S/2016 on the file of the Honorable Special Sessions Judge appointed for trial of cases under Scheduled casts and Tribes,Guntur in, till pending disposal of the present criminal Petition.

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rama Krishna A. Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.l and Sri Sai Surya Teja Advocate for the Respondent No.2.

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The Court made.the following:-

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.647 of 2023

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Order;

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This Criminal Petition, under Section 482 Cr.P.C., has been filed against the order dated 02,12.2022 passed in CrI.MP No.1801 of 2022 in SC NO.16/S/2016 by the learned Special Judge for trial of Cases under .the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur.

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The petitioner herein : filed CrI.MP No.1801 of 2022 in SC NO.16/S/2016, under Section. 173(8) Cr.P.C., and Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to direct the respondents 1 and 2 to investigate the matter in SC NO.16/S/2016 further by the officer not below the rank of the Superintendent of Police or entrust the investigation to other investigating agencies like CBCID, CBI etc. The said petition was dismissed by the learned Sessions Judge, by an order dated 02.12.2022, which reads as follows.

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"Petitioner is called absent and no representation on behalf of the petitioner. In the previous adjournment, dated 24.11.2022, at the request of counsel for the petitioner posted to 02.12.2022 finally. This is a old sessions case of 2016 commenced trial

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■ •;>

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already. Since, petitioner is not showing interest, this petition is dismissed for default."

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Learned counsel for the petitioner submits that the learned Sessions' Judge, without giving any opportunity of hearing to the petitioner, erroneously dismissed the said application for default. Hence, he prays that an opportunity may be afforded to the petitioner to make her submissions before the learned Sessions Judge.

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Having regard, to the facts and circumstances of the case. though it is a case of the year 2016, I am of the considered opinion that an opportunity* can be afforded to the petitioner herein to make her submissions before the learned Sessions Judge with regard to the aspect as to whether an order can be passed under Section 173(8) Cr.P.C., or not.

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Accordingly, the Criminal Petition is allowed and the impugned order dated 02.12.2022 passed in CrI.MP No. 1801 of 2022 in SC NO.16/S/2016 by the learned Special Judge for trial of Cases under the Scheduled Castes and the Scheduled tribes (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur, is hereby set aside. The learned Sessions Judge is directed to dispose of CrI.MP No. 1801 of 2022 afresh, in accordance with law, after affording an opportunity of hearing to the petitioner herein, as expeditiously as

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possible, preferably within a period of four (4) months from the date of

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receipt of a copy of this order. The parties shall cooperate with the

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learned Sessions Judge in disposal of the case.

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As a sequel thereto, the miscellaneous petitions, if any, pending

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in this Criminal Petition shall stand closed.

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//TRUE COPY//

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Sd/- K TATA RAO DEPTUY REGISTRAR /VSECTION^FFICER

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To,

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The Special Judge for trail of Cases under the Schedule Castes and the Schedule Tribes (Prevention Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur.

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The Station House Officer, Pattabhipuram Police Station, Guntur District. 3. One CC to Sri Rama Krishna A^Advocate [OPUC]

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One CC to Sri P Sai Surya Teja^Advocate [OPUC]

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Two CCs to Public Prosecutor High Court Buildings at Amaravati [OUT]

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Two CD Copies

PGR

vna

-J, s r- ' ..

HIGH COURT

DATED: 17/08/2023

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ORDER

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CRLR.No.647 of 2023

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«famo
'x 3 0 AUG 2023 J
. Current Section

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ALLOWING THE CRLP

Ponnari Suneetha at Jeldi Mary Suneetha, v. the State of Andhra Pradesh

Case brief

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Ponnari Suneetha at Jeldi Mary Suneetha, v. the State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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