Dismissed

Vemulapalli Sri Rama Prasad, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Mar 2024CRLP/1650/2021

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash FIR in Crime No.73/2021 (offences under Sections 307 and 427 r/w 34 IPC) was dismissed as infructuous after the State reported that a charge sheet had been filed; petitioners were granted liberty to challenge the charge sheet. Miscellaneous petitions closed.

What did the court decide?

Petitioners granted liberty to challenge the charge sheet; miscellaneous petitions closed.

Vemulapalli Sri Rama Prasad, Vs The State of Andhra… — Quashing and FIR | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATJ TUESDAY, THE TWELFTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATA CRIMINAL PETITION NOr 1R.«;n OF 2021

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Between:

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Vemulapalli Sri Rama Prasad, S/o. Raja Rao.Aged 48 years, Occ- Business, R/o. Brindavan Gardens, Guntur, Guntur District.

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Kanaparthi Srinivasa Rao, S/o. Radhakrishna Murthy, Aged 54 years, Occ- Business, R/o. Navabharath Nagar, 1/2, Guntur, Guntur District.

¶8

Sakhamuri Vamshi Krishna, S/o. Prasad Rao, Aged 40 years, Occ- Business, R/o. Brindavan Gardens, 5th Lane, Guntur, Guntur District.

¶9

Lanka Uday Kumar, S/o. Vijaya Babu, Aged 45 years, OccBusiness, R/o. Brindavan Gardens, 6th Lane, Guntur, Guntur District.

¶10

Uppala Rama Rao, S/o. Sudeesh Babu, Aged 35 years, OccBusiness, R/o. Vidya Nagar, 3rd Lane, Guntur, Guntur District ...PETITIONER/ACCUSED(S)

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AND

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The State of Andhra Pradesh, through the Inspector of Police, Pattabhipuram Law and Order Police Station, Guntur, Guntur Urban District. Represented by its Public Prosecutor, High Court at Amaravati.

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Challa Seshi Reddy, S/o. Seetharami Reddy, Age- 42 Years Occ- Business, R/o. D.No.2-3-10, Old Post Office Road, SthambaJa Garuvu, Guntur, Guntur 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 pleased to Quash the FIR in crime No.73/2021 of the Pattabhipuram Law and Order P.S, Guntur District.

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I.A. NO: 3 OF 2071

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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 of all further proceedings in so far as the petitioners are concerned pursuant to the FIR in crime No.73/2021 of Pattabhipuram Law and Order P.S,Guntur 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 VENKATESWARLU POSANI,Advocate for the Petitioner and the Public Prosecutor on behaif of the Respondent No. 1.

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 1650 OF 2021

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Between:

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l.VEMULAPALLI SRI RAMA PRASAD, S/0. RAJA RAO, AGED 48 YEARS, OCC- BUSINESS, R/0. BRINDAVAN GARDENS, GUNTUR, GUNTUR DISTRICT.

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2.VEMULAPALLI SRI RAMA PRASAD, S/O. RADHAKRISHNA MURTHY, AGED 54 YEARS, OCCBUSINESS, R/O. NAVABHARATH NAGAR, 1/2, GUNTUR, GUNTUR DISTRICT.

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3.VEMULAPALLI SRI RAMA PRASAD, S/O. PRASAD RAO, AGED 40 YEARS, OCCBUSINESS, R/O. BRINDAVAN GARDENS, 5TH LANE, GUNTUR, GUNTUR DISTRICT.

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4.VEMULAPALLI SRI RAMA PRASAD, S/O. VIJAYA BABU, AGED 45 YEARS, OCCBUSINESS, R/O. BRINDAVAN GARDENS, 6TH LANE, GUNTUR, GUNTUR DISTRICT.

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5.UPPALA RAMA RAO, S/O. SUDEESH BABU, AGED 35 YEARS, OCC- BUSINESS, R/O. VIDYA NAGAR, 3RD LANE, GUNTUR, GUNTUR DISTRICT

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...PETITIONER/ACCUSED(S) AND

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l.THE STATE OF ANDHRA PRADESH, THROUGH THE INSPECTOR OF POLICE, PATTABHIPURAM LAW AND ORDER POLICE STATION, GUNTUR, GUNTUR URBAN DISTRICT. REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI.

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2.CHALLA SESHI REDDY, S/O. SEETHARAMI REDDY, AGE42 YEARS, OCC- BUSINESS, R/O. D.NO.2-3-10, OLD POST OFFICE ROAD, STHAMBALA GARUVU, GUNTUR, GUNTUR DISTRICT

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the petitioner/s : Sri P.Venkateswarlu Counsel for respondent No.l : Assistant Public Prosecutor

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Counsel for respondent No.2

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ORDER:

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the Petitioners/Accused Nos.l to 5, seeking to quash the proceedings against them in Crime No.73 of 2021 on the file of Pattabhipuram Police Station, Guntur Urban District, registered for the offences under Sections 307 and 427 r/w 34 of the Indian Penal Code.

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Ms.D.Prasanna Lakshmi, learned Assistant Public Prosecutor would submit that charge sheet has been filed in this matter and filed written instructions to that effect.

¶39

Sri P.Venkateswarlu, learned counsel for the Petitioners would submit that petition may be disposed of by giving liberty to challenge the charge sheet.

¶40

In that view of the matter, the Criminal Petition is dismissed as relief has become infructuous. However, the Petitioners are at liberty to challenge the charge sheet, if so advised.

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

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//TRUE COPY//

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SDI- M. SRINIVAS ASSISTANT REGISTRAR

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SECTION OFFICER

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To,

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The Station House Officer, Pattabhipuram Law and Order Police Station, Guntur District.

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One CC to SRI. VENKATESWARLU POSANI Advocate [OPUC]

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Two CCs to SRI. PUBLIC PROSECUTOR High Court of Andhra Pradesh at Amaravati[OUT]

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Three C.D.Copies

¶50

¶51

t /

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HIGH COURT DATED:12/03/2024

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ORDER

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CRLP.No.1650 of 2021

¶55

O
f-s: 2 I JUN 202'| r;-
" Cu^'i'sni Seruion
-9"

¶56

CRIMINAL PETITION IS DISMISSED AS INFRUCTUOUS

Vemulapalli Sri Rama Prasad, v. The State of Andhra Pradesh

Case brief

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Vemulapalli Sri Rama Prasad, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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