Dismissed

P.Koteswara Rao v. State of Ap

Andhra Pradesh HC1 Jan 2024CRLP/2327/2019

Case brief

AI extract

What is this about?

The High Court dismissed a criminal petition filed under Section 482 Cr.P.C seeking to quash proceedings. The court, being represented by the Public Prosecutor, rejected the plea upon learning that a charge sheet was filed following investigation.

What did the court decide?

Criminal Petition No. 2327 of 2019 and connected miscellaneous petitions were dismissed; accused is at liberty to assail the charge sheet.

P.Koteswara Rao Vs State of Ap — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION NO: 2327 OF 2019

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Between:

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Polavarapu Koteswara Rao, s/o. Late Veera Raghavaiah, Hinudu, aged about 55 years, Permanent R/o. D. No 59A-8/10-9, Maruthi Co-operative Colony, Patamata, Vijayawada and presently residing at 15: Fingland Crecent, Water Down : L 8B OS8, Canada.

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...Petitioner/Accused AND

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The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravathi. ...Respondent No.l/Complainant 2. Ravoori Krishna Reddy, s/o. Malla Reddy, Hindu, aged about 49 years, R/o. Plot No 271, Narayanapuram Colony Poranki - 521 137, Penamaluru Mandal, Krishna district & presently residing at 11618, Rolling Meadow Dr. Great Falls, VA-22066, United States America,

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e-mail: [email protected]& [email protected]

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...Respondent No.2/Defacto-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 call for records relating to FIR in Crime No.684 of 2018 registered against petitioner/accused by Penamaluru L70 P.S., Penamaluru Mandal, Krishna District under Sections 406,409 & 506 of IPC pursuant to the direction issued by the Court of Ld. VI Metropolitan Magistrate, Vijayawada, Krishna District on 04.11.2018 in C.F.No.7031 of 2018 as provided under sub sec(3) of Sec. 156 of the Code and quash the proceedings therein.

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I.A. NO: 5 OF 2019

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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 pass orders extending the interim order dated 16.9.2019 passed in lA No. 2 of 2019 in CrI.P. No. 2327 of 2019 until further orders.

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I.A. NO: 1 OF 2019

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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 grant stay of all further proceedings including the arrest of the petitioner / accused in First Information Report [FIR] in Crime No.684 of 2018 registered against him by Penamaluru L&O P.S., Penamaluru Mandal, Krishna District U/Secs.406, 409 & 506 I.P.C., pursuant to the direction issued by the court of Ld. Vlth Metropolitan Magistrate, Vijayawada, Krishna District on 4.11.2018 in C.F.No.7081 of 2018 under Sub-Sec.(3) of Sec.156 of the Code, pending disposal of the main Criminal Petition.

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This Petition coming on for hearing, upon perusing^{theMemorandumofGrounds} of Criminal Petition and upon hearing the arguments^{ofSriGVRCHOUDARY} ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri S.Syam Sunder Rao, Advocate for the Respondent No.2.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION No.2327 OF 2Q1Q

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ORDER:

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There is no representation for the petitioner.

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Learned counsel representing from the office of learned public

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prosecutor would submit that the police had laid a charge sheet against the FIR after due investigation.

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In view of the representation made by iearned counsel,^the

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present Criminal Petition is dismissed.

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However, the accused/petitioner is at liberty to assail the

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charge sheet, if at all the accused is aggrieved.

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As a sequel, miscellaneous petitions, if any, pending in this

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criminal petition shall stand closed.

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//TRUE COPY//

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Sd/- K J RAJA BABU ASSISTANT ^G^TRAR / SECTION OFFiCER_

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To,

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The VI Metropolitan Magistrate Court, Vijayawada.

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The Station House Officer, Penamaluru Police Station, Vijayawada City.

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One CC to Sri. G V R Choudary, Advocate [OPUC]

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One CC to Sri S Syam Sunder Rao, Advocate.[OPUC]

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Two CCs to the Public Prosecutor, High Court of^{AndhraPradeshat} Amaravati

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Three CD Copies

VNA

HIGH COURT

DATED:02/01/2024

ORDER

CRLP.No.2327 of 2019 9 Co^s IshhlT' d^l

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/3e
o 1 'I MAY 202'f m
Current Section . ^

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DISMISSING THE CRLP

P.Koteswara Rao v. State of Ap

Case brief

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P.Koteswara Rao v. State of Ap

Case brief

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