Disposed

Bonnapati Mahendra v. the State of Andhra Pradesh

Andhra Pradesh HC3 Mar 2024CRLP/1327/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under Sections 498-A, 506/34 IPC and Sections 3 and 4 Dowry Prohibition Act. Counsel confined the prayer to protection from coercive action; the Court directed police to follow Section 41A CrPC procedure per Arnesh Kumar and disposed of the petition.

What did the court decide?

Police directed to follow Section 41A CrPC procedure as per Arnesh Kumar guidelines before any coercive action against the petitioners

Bonnapati Mahendra Vs the State of Andhra Pradesh — Dowry and Cruelty | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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MONDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO: 1327 OF 2024

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Between:

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Bonnapati Mahendra, S/o. B. Subbarayudu, Aged 31 years, Occu; Pvt. Employee, R/o. Nooliveedu village, Galiveedu mandal, Annamayya District.

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B. Nagaveni, W/o. B. Subbarayudu, Aged 57 years, Occu; House Wife, R/o. Nooliveedu village, Galiveedu mandal, Annamayya District. .

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B. Subbarayudu, S/o. Mallanna, Aged 61 years, Occu: Retd. Employee, R/o. Nooliveedu village, Galiveedu Mandal, Annamayya District.

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Darja Rajeswary, W/o. D. Siva Ramaiah, Aged 40 years, Occu: House Wife, R/o. H.No. 9-182-A, Basinikonda, Madanapalle, Chitoor^District

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Nallabothula Uma Maheswari @ Uma, W/o. N. Siva Sankar, Aged 35 years, Occu: House Wife, R/o. H.No. 22-14, Balappagari Palli, Kurabalakota, Chittoor District.

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Beri Naga Jyothi, W/o. Ranga Nayakulu, Aged 59 years, Occu: House wife, R/o. H.No. 8/265, Ajad Nagar, Cuddapah District.

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...Petitioners/Accused No.1 to 6

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AND

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The State of Andhra Pradesh, Represented by It's Public Prosecutor, High Court of A.P, through it's PS Chagalamarri, Nandyal^District.

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Ulleda Shamanthakamani, W/o. Bommanapati Mahendra, Age 23 years, Occu: House wife, R/o. Pedhabodhanam village, Chagalamarri Mandal, Nandyal District.

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...Respondents/Complainant

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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 quash the proceedings against the petitioners^No. 1 to 6 in F.I.R. No. 09 of 2024, dated 30-01-2024, Police Chagalamarri, Nandyal District.

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LA. NO: 2 OF 2024

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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 against the petitioners Accused in F.I.R. No. 09 of 2024, dated 30-01-2024, Police : Chagalamarri, Nandyal 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 Alluri Raghu Rama Aurava, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared 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.1327 of 2024

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Order:

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This Criminal Petition, under Section 482 Cr.P.C.,^hasbeenfiled on behalf of the petitioners/Al to A6, to quash the proceedings in Crime No.9 of 2024 of Chagalamarri Police Station, Nandyal district. registered for the offences punishable under Sections 498-A, 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition^Act.

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Learned counsel for the petitioners, after arguing for some time. has confined his argument to the extent of protecting the petitioners herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of^{lessthanseven} years and prays this Court to direct the police to follow the procedure as contemplated under Section 41A of Cr.P.C.

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On the other hand, learned Assistant Public Prosecutor^didnot oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason^{thattheoffences} alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record.

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