Allowed

S.Suryachandramouli v. The State of Andhra Pradesh

Andhra Pradesh HC14 Feb 2023CRLP/8162/2018

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh allowed the quashing petition filed by Accused No.4. The Court held that since proceedings against Accused No.1 on identical charges in the same case were already quashed, continuing the trial against the petitioner was not warranted under Section 482 of Cr.P.C.

What did the court decide?

The Criminal Petition was allowed and the proceedings in C.C.No.603 of 2015 against the petitioner/accused No.4 were quashed.

S.Suryachandramouli Vs The State of Andhra… — Criminal Trial and Appeal | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^

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TUESDAY .THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE Jo

I®

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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CRIMINAL PETITION NO: 8162 OF 2018

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Between:

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S.Suryachandramouli. S/o Rama .Rao. Age 40 years.Sub-Inspector of Police. Yellamanchili (Town) Police .Station. Yellamanchili. Visakhapatnam District now working at Anakapalle Police Station.

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vSr.'. ...Petitioner/Accused No.4*

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. ;’ . ■ • S•. . AND :.
’ ' •' t.; '. 2 • *.
Hyd^^^b%°^ Andhra Pradesh. Rep. by its Public Prosecutor. High Court.

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Doddi Pydithalli. \N/o. Late Rarnana. aged 55 years. r/oR/o Railway Station Road. Yellamanchili. Visakha^atriam District.

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...Respondents/Complainant

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under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to call for the records relating to the complaint in C.C.No. 603 of 2015 on the file of the Addl. Judicial First Class Magistrates Yellamanchili. Visakhapatnam. and quash the proceedings thereon.

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I.A. NO: 1 OF 2018

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Petition under Section 482 of. Cr.P.C praying that in the circumstances stated in the Memorandum of GfouhsJs of Criminal Petition.the High Court may be pleased to grant stay of all further- proceedings including the appearance of the petitioner in C.C.No. 603 of 2Q15i,on the file of the Addl. Judicial First Class Magistrate. Yellamanchili. Visakhapatnam. pending disposal of the Criminal Petition.

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This Petition coming on for hearing.upon perusing th? Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Y Narapa Reddy .Advocate for the Petitioner and the. Public Prosecutor on behalf of the Respondent No. 1. J

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The Court made the following Order::.

7-;A.

1 'L-

h '■ ■

L.-

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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CRIMINAL PETITION No.8162 OF 2018

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S.Suryachandramouli ... Petitioner

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Versus

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The State of Andhra Pradesh

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Represented by its Public Prosecutor

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& another.

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... Respondents

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Counsel for the petitioner : Mr.Narapa Reddy Yannam Counsel for the 1®‘ respondent : Assistant Public Prosecutor Counsel for the 2"^^ respondent: --

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ORDER:

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Heard learned counsel for the petitioner. Also heard learned Assistant Public Prosecutor for the 1®‘ respondent. Despite service of personal notice, as per the memo of proof of service, none entered appearance on behalf of the 2"^^ respondent.

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2. The present Criminal Petition is filed seeking to quash the

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proceedings in C.C.No.603 of 2015 on the file of the Court of Additional Judicial First Class Magistrate, Yellamanchili,

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Visakhapatnam, on various grounds.

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The petitioner herein is accused No.4 in the said proceedings and facing charges for the alleged offences punishable under Sections 166, 362, 448, 427, 436 and 506(2) r/w

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34 of Indian Penal Code.

....... if ■ d

At the time of considering the matter, it was brought to the notice of this Court that challenging the very same proceedings in C.C.No.603 of 2015, accused No.1 filed Criminal Petition No.7046 of 2018 and a learned Judge of this Court by an Order dated 01.02.2019, allowed the same and quashed the proceedings in C.C.No.603 of 2015 on the file of the Court of Judicial First Class .

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Magistrate, Yellamanchili, Visakhapatnam District, against the petitioner/Accused No.1.

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5, In view of the same, the continuation of proceedings against the petitioner, who is accused No.4 in the said C.C., in the considered opinion of this Court, is not warranted. Therefore, the

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Crimiiial Petition is allowed and the proceedings in C.C.No.603 of 2015 against the petitioner/accused No.4 are quashed.

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Consequently, miscellaneous applications, pending if any, shall stand closed.

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Sd/-T MADHAVI ASSISTANT RgSISTRAR //TRUE COPY// SECTION OFFICER

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To,
1. The Additional Judicial First Class-JVIagistrate, Yellamanchili, Visakhapatnam
District. x
2. The Station House Officer, Yellamanchili Police Station, Visakhapatnam
District;
3. One CCto Sri. Y Narapa Reddy Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court of.Andhra Pradesh at
Amaravati.
5. Two CD Copies
VNA

HIGH COURT

DATED:14/02/2023

ORDER

CRLP.No.8162 of 2018

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ALLOWING THE CRLP

S.Suryachandramouli v. The State of Andhra Pradesh

Case brief

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What did the court decide?

S.Suryachandramouli v. The State of Andhra Pradesh

Case brief

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