Petitioners sought quashing of a magistrate's referral order and FIR under Sections 307, 347, 420 IPC read with Section 34. Investigation had concluded with the case referred as civil in nature by the SDPO, so no cause survived.
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I
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
MONDAY ,THE NINTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 2139 OF 2021
Between:
...Petitioner/Accused No.1 to 4
AND
...Respondent
t; ...Respondent/Defacto Complainant ■>. 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 order dt.10.02.2021 in C.C.S.R.No.1491/2020 of the learned I Additional Judicial First Class Magistrate, Tuni, forwarding the said complaint under Section-156(3) Cr.P.C. to the Station House Officer, Tuni Town P.S with a direction to register a crime for the offences under Sections 307, 347 and 420 R/W 34 I.P.C. and consequent registration of the crime in Crime No.35/2021 under Sections-307, 347, 420 Read with Section-34 I.P.C. and 156(3) Cr.P.C. on 03.03.2021 by the S.H.O. Law and Oder P.S Tuni against the Petitioners.
...Respondent/Defacto Complainant
I.A. NO: 1 OF 2021
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 allfurther proceedings in Crime No.35/2021 under Sections-307, 347, 420 Read with Section-34 I.P.C. of Tuni Law and Order P.S., East-Godavari District including the arrest of the Petitioners in the said crime, pending disposal of the above Criminal Petition under Section-482 Cr.P.C.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Srinivas, representing Sri D V Sasidhar, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri P. Rajesh Babu, Advocate for the Respondent No.2
The Court made the following; ORDER
APHC010132912021
[3333]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 2139/2021
Between:
Gollapalti Ananda Rao, and Others
...PETITIONER/ACCUSED(S)
AND
State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused(S):
1.D VSASIDHAR
Counsel for the Respondent/complainant(S):
1.P RAJESH BABU
The Court made the following;
ORDER:
This Criminal Petition is filed seeking to quash the order dated 10.02.2021 in C.C.S.R.No.1491 of 2020 of learned IAdditionalJudicial First Class Magistrate, Tuni and the consequently registeredCrimeNo.35of2021 under Sections 307, 347, 420 read with Section 34 ofIPCand156(3)onthe file of Station House Officer, Law and Order PoliceStation,Tuni.
- Today when the petition is taken up for hearing, learned Assistant Public Prosecutor has produced a copy of instructions of the Inspector of Police, Tuni Town Police Station, KakinadaDistrict,wherein it is stated that after due investigation, as per the orders of the SDPO, Peddapuram vide proceedings dated 31.07.2021, the case is referred as ‘CIVIL IN NATURE’.
Sd/-SHA1K MOHD RAFI ASSISTANT REGISTARAR
//TRUE COPY//
SECTION OFFICER
HIGH COURT
DATED:09/12/2024
ORDER
CRLP.No.2139 of 2021
t 2 5 MAK 2D25 g.
IW^ . Curreiu pecuon
DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS
3 provisions across 2 enactments
Gollapalli Ananda Rao
Datta Venkata Naga Tirupathi Raju
M K Seeta Rama Raju
M. Lova Raju
Malta Ganesh Kumar
State of Andhra Pradesh
V. Sujatha
As recorded by the court registry
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