Partly allowed

D.Bhaskarshetty v. Nimmakayala Bhanumathi

Andhra Pradesh HC12 Feb 2024CRLP/401/2019

Case brief

AI extract

What is this about?

The High Court disposed of Criminal Petition No. 401 of 2019 seeking quashing of an FIR. The Court refused to quash the FIR but granted liberty to the petitioners to assail the police charge sheet filed before the Magistrate.

What did the court decide?

Petition dismissed discharging reluctance on quashing FIR. Permission granted to assail the charge sheet filed before the Magistrate.

D.Bhaskarshetty Vs Nimmakayala Bhanumathi — 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 THIRTEENTH DAY OF FEBRUARY 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. 401 of 2019

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Between:

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D.Bhaskarshetty, (A-1), S/o. Sheenashetty, aged 60 years, Occ; Business, 2. Sasikumar B.Shetty, (A-2), S/o. Balakrishna Setty, aged 48 years, Occ: Dusin0ss,

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Bhargav shetti, (A-3), S/o. Sheenashetty, aged 26 years, Occ: Business, All are Partners in M/s Fouress Foods, Balale Hobi Mogata Grampanchayat, Karebail Village, Ankola Taluk, Uttara kannada District, Karnataka-581314 ...Petitioners/Accused Nos.1 to 3

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AND

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Nimmakayala Bhanumathi, Proprietor, Sri Lakshmi Srinivasa Sea Foods Challapally, Krishna District, rep by its GPA Holder Durga Mahesh, S/o. ’ M^d'al^^^^^ ^'^‘Yanarayana Murty, R/o. Uppalaguptam^{Village,Challapalli}

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^ Andhra Pradesh, represented by its Public Prosecutor at High court of Andhra Pradesh, Amaravathi

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...Respondents/ Respondents

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. ♦ ^ 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 records pertaining to crime No. 161/2018, on the file of Allavaram Police Station, East Godavari District, quash^the same.

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I.A. NO: 2 OF 201Q

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H 'he circumstances Stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings pertaining to crime No. 161 of 2018 on the file of Allavaram Police station. East Godavari District, including the arrest of the petitioners pending disposal of the main CRLP No.401 of 2019.

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^^^'■'"9- upon perusing the Memorandum of Grounds of Criminal Petition and ^ upon hearing the arguments of Sri K L N Swamv Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.2 and none appeared for the Respondent No.1.

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The Court made the following Order:

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g -- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ 3330] (Special Original Jurisdiction)

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TUESDAY ,THE.THIRTEENTH DAY OF FEBRUARY 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; 401 OF 2019

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Between:

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D.BHASKARSHETTY, M/S Fouress Foods, Balale Hobi Mogata Grampanchayat, Karebail village, Ankola Taluk, Uttara^kannada District

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Sasikumar B.Shetty, M/S Fouress Foods, Balale Hobi Mogata Grampanchayat, Karebail village, Ankola Taluk, Uttara^kannada District

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Bhargav shetti, M/S Fouress Foods, Balale Hobi Mogata Grampanchayat, Karebail village, Ankola Taluk, Uttara^kannada District

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...PETITIONER/ACCUSED(S)

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AND

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NIMMAKAYALA BHANUMATHI, rep by its GPA Holder Durga Mahesh R/o. Uppalaguptam vilalge, Challapalli mandal

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State of Andhra Pradesh, High court of Andhra pradesh

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Amaravathi

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.. .RESPONDENT/COMPLAINANTS

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Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to grant stay of all further proceedings pertaining to crime no. 161/2018 on the file of Allavaram police station east godavari dist including^{thearrestofthe} petitioners pending disposal of the main Crl.p.No...^of2019

LA. NO; 1 OF 2019

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 Pleased to dispense^with the tiling of the FIR filed by the police in Cr.No. 161/2018 on the file of Allavaram police station East godavari Dist. for the present

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I.A. NO; 2 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 Pleased to grant stay of all further proceedings pertaining to cr.no. 161 of 2018 on the file of Allavaram Police station, East Godavari Dist

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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 K L N SWAMY ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of SrLAdvocate for the Respondent No.

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The Court made the following:

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It is represented by the learned counsel for the petitioners that the present criminal petition is filed seeking to quash the FIR. After due investigation, the police laid a charge sheet before the learned Judicial Magistrate. Learned counsel for the petitioners sought permission of this Court, for liberty^toassail the said charge sheet.

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Permission is accorded.

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Accordingly, the Criminal Petition is disposed of granting liberty to the petitioners to assail the charge sheet.

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As a sequel, miscellaneous petitions, if any, pending^inthis

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criminal petition shall stand closed.

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SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To 1. The Additional Judicial Class Magistrate, Amalapuram, East Godavari District.

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1. The Station House Officer, Allavaram Police Station, East Godavari District 3. One CC to Sri K L N Swamy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 5. Three CD Copies

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TK sree

HIGH COURT

DATED:13/02/2024

ORDER

CRLP.No.401 of 2019
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¶58

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¶59

DISPOSING OF THE CRIMINAL PETITION

D.Bhaskarshetty v. Nimmakayala Bhanumathi

Case brief

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D.Bhaskarshetty v. Nimmakayala Bhanumathi

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