In Criminal Petition No. 507 of 2019, the High Court of Andhra Pradesh handled a petition to quash criminal proceedings. The Court acceded to counsel's request to dispense with the petitioners' presence during the trial without issuing a fresh charge sheet.
Dispensed with the presence of petitioners before the trial court during the course of trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [3330] (Special Original Jurisdiction)
TUESDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 507 OF 2019
Between:
...PETITIONER/ACCUSED(S)
AND
...RESPONDENT/COMPLAINANTS
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
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further proceedings in CC. 191/2016 on the file of Additional Judicial Magistrate of First class, Gudur, Nellore including the appearance of the petitioners till the disposal of the main quash petition
I.A. NO: 2 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 grant stay of all further proceedings in CC. 191/2016 on the file of Additional Judicial Magistrate of First class, Gudur, Nellore including the appearance of the petitioner/accused no.17,19,20,21,.23,24,26 and 28 till the disposal of the main quash petition
I.A. 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 certified copy of the FIR and charge sheet in CC. 191/2016, dated on the file of t6he Additional Judicial Magistrate of First Class, Gudur, Nellore
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V ROOPESH KUMAR REDDY ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No.
The Court made the following:
The present criminal petition is filed seeking to quash the proceedings against the petitioners herein, who are accused Nos.17,19,20,21,23,24,26 and 28, in C.C.No.191 of 2016, on the file of learned Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District. Wherein, the police laid a charge sheet against the all accused for the offences punishable under Sections 147, 148, 452, 427, 324, 506 r/w 149 of the Indian
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Penal Code, 1860 in Crime No.154 of 2015 of Chillakur Police Station.
As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date:13.02.2024 KBN
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
CRIMINAL PETITION No.507 OF 2019
Date:13-02-2024
KBN
2 issues framed by the court
Whether the request to dispense with the presence of petitioners during the trial should be acceded to.
Whether the criminal petition seeking quashment of proceedings requires separate disposal.
2 provisions across 2 enactments
K.Koteswara Rao and others
State of AP
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
