Dismissed

K Chandrasekhar Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC24 Nov 2023CRLP/9144/2023

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 482 Cr.P.C. to quash DV proceedings. Court ruled the petition is covered by a common order dispensing presence of relatives. Court dispensed petitioners' presence in the trial except on specific directions. Petition disposed.

What did the court decide?

Presence of petitioners (except husband) dispensed with in proceedings below; criminal petition disposed of.

K Chandrasekhar Reddy Vs the State of… — Civil Procedure and Limitation | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY,TWOTHETHOUSANDTWENTY FOURTH AND TWENTYDAY OF THREENOVEMBER jI >'
'A D
m
PRESENT
'

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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 9144 OF 2023

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Between;

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K. Chandrasekhar Reddy, S/o. K. Krishna Reddy aged about 35 years, R/o. Guvvalakadiga Village, Papireddypalli Mandal, G.D Nellore Mandal, Chittoor District.

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K. Krishna Reddy, S/o. Late K. Kanukonda Reddy aged about 65 years, R/o. Guvvalakandiga Village, Papireddypalli Mandal Chittoor District.

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K. Munirajamma, W/o K. Krishna Reddy aged about 60 years.

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Chittoor District.

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Village, Papireddypalli Mandal,

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...Petitioners/Accused

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravati.

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N. Padmavathi, W/o. K. Chandrashekar Reddy, aged about 22 years, D/o. N. Purushottam Reddy R/o. Mondi Venganapalli Village, Vedurukuppam Mandal, Chittoor District.

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...Respondents/Complainants

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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 call for the record and to quash the D.V.C No.10 of 2022 on the file of the Court of Judicial 1®‘ Class Magistrate at Puttur, Chittoor District against the petitioners.

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I.A. NO: 1 OF 202*.^

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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 including the appearance of the petitioners the D.V.C No. 10 of 2022 on the file of the Court of Judicial 1®* Class Magistrate at Puttur, Chittoor District.

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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. P. Mallikharjuna Rao, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No. 1 and Respondent No.2 None.

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The Court made the following Order:

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THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION No.9144 of 2023

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ORDER:

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The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the petitioners/Respondents 1 to 3, seeking to quash the proceedings in D.V.C.No.lO of 2022 on the file of the Court of Judicial First Class Magistrate, Puttur, Chittoor District. 2. Heard Sri P.Mallikarjuna Rao, learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. 3. It is represented by the learned counsel for the petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition No.599 of 2023 and batch, dated 16.03.2023, wherein this Court held as follows:

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In view of the aforesaid reasons stated supra, it can be inferred that since the proceedings under the DVC Act, 2005 are civil in nature, the provisions of CrPC may not apply, is too general and vague. Instances would arise where an aggrieved person also would have to seek the relief in respect of all the petitions filed before the jurisdictional Magistrate, and the option left to her would only be by way of initiating proceedings under Section 482 CrPC with certain self-imposed restrictions. In view of^the

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principle laid down in Nandkishior Pralhad Vyawahare v. Mangala case, this Court is of the opinion that inherent power of the High Court can be invoked subject to self-imposed restrictions, including availability of an efifcacious alternative remedy under Section 29 of the DVC Act, 2005, so as to adhere to redressal of their grievances arising out of the orders passed in a proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 of the DVC Act, 2005.

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The present Criminal Petitions are filed seeking^to quash the proceedings initiated against the petitioners under the provisions of the DVC Act, 2005. Though various contentions have been raised in the petitions, the only grievance of the petitioners is that their presence may be dispensed with, in the proceedings before the Court below. Having considered the submissions of the learned counsel, this Court dispenses with the presence of the petitioners, who are relatives of husband, except husband, before the Court below, except on those occasions when the learned Magistrate feels that their presence is necessary. 15. With the aforesaid observations and directions,^the Criminal Petitions are disposed of Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed. ”

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Hence, following the said Order passed by this Court in Criminal Petition No.599 of 2023 and batch, dated 16.03.2023 and taking into consideration of the facts and circumstances of the case, this criminal petition is disposed of. However, considering

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the submissions made, the presence of the petitioners^2863before the trial Court is dispensed with, unless there is a specific direction by the trial Court for their presence on particular dates. 4. In the result, the Criminal Petition is disposed of^withthe above observations.

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Pending applications, if any, shall stands closed.

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SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECrtONiDFFTCER

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I' Ont Chittoor District. O V Mallikharjuna Rao, AdvocateFOPUC] AmaravltnoUT^^^''^ Prosecutor, High Court of Andhra^Pradesh, 4. Three CD Copies. LRV ssb

HIGH COURT

j3t.

DATED:24/11/2023

ORDER

CRLP.No.9144 of 2023

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