Ch Chandramouli Vs Chinthagunta Nagabhushanam

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[3457]

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APHC010108292023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOs: 1697 and 1039 of 2023

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CRIMINAL PETITION NO: 1697 of 2023

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Between:

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CH. CHANDRAMOULI, S/O. LATE VENKATESWARLU, AGED ABOUT 51 YEARS, 0CC. CIRCLE INSPECTOR OF POLICE, R/O. H.NO.2-74/1, MANDADAM VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.

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GOUSE @ PATHAN GOUSE MOHIDDIN,, S/O. YOUSUF KHAN, AGED ABOUT 64 YEARS, OCC. RETIRED CONSTABLE, R/O. H.NO.7-42/1, NEAR BALA VIDYANIKHETAN, 04TH WARD, MACHERAL, PALNADU DISTRICT

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...PETITIONER/ACCUSED(S)

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AND

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CHINTHAGUNTA NAGABHUSHANAM, S/O CHINA VENKATESWARLU, AGED ABOUT 55 YEARS, R/O VADDIMUKKALA VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.

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GOONDA KISHORE, S/O. GONDA SAMBASIVA RAO, SPP ROAD, BESIDE VIJAYA KRISHNA SUPER MARKET, R/O. PONNUR POST AND MANDAL), GUNTUR DISTRICT.

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VARDHANAM RAMBABU, S/O. NOT KNOWN, PANCHAYAT VICE PRESIDENT, VADDIMUKKALA VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT.

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P VENKATESWARLU, S/O. NOT KNOWN, PRESENT ASST. SUB INSPECTOR OF POLICE, PONNUR RURAL POLICE STATION, PONNUR (POST ET MANDAL), GUNTUR DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the

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order passed in Crl.M.P.No.8281 of 2022 in C.C.No.51 of 2016 dated 13.01.2023 on the file of the court of the I Additional Judicial Magistrate of First Class, Ponnur, Guntur District and pass IA NO: 1 OF 2023

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Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay of all further proceedings in C.C.No.51 of 2016 on the file the court of the I Additional Judicial Magistrate of First Class, Ponnur, Guntur District pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S):

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1.K RAMA KOTESWARA RAO

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR (AP)

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CRIMINAL PETITION NO: 1039 of 2023

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Between:

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CH CHANDRAMOULI, S/O. LATE VENKATESWARLU, AGED ABOUT 51 YEARS, OCC. CIRCLE INSPECTOR OF POLICE, R/O. H.NO.2-74/1, MANDADAM VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.

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GOUSE @ PATHAN GOUSE MOHIDDIN,, S/O. YOUSUF KHAN, AGED ABOUT 64 YEARS, OCC. RETIRED CONSTABLE, R/O. H.NO.7-42/1, NEAR BATA VIDYANIKHETAN, @4TH WARD, MACHERAL, PALNADU DISTRICT

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...PETITIONER/ACCUSED(S)

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AND

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CHINTHAGUNTA NAGABHUSHANAM, S/O CHINA VENKATESWARLU, AGED ABOUT 55 YEARS, R/O VADDIMUKKALA VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.

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GOONDA KISHORE, S/O. GONDA SAMBASIVA RAO, SPP ROAD, BESIDE VIJAYA KRISHNA SUPER MARKET, R/O. PONNUR POST AND MANDAL), GUNTUR DISTRICT.

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VARDHANAM RAMBABU, S/O. NOT KNOWN, PANCHAYAT VICE PRESIDENT, VADDIMUKKALA VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT.

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P VENKATESWARLU, S/O. NOT KNOWN, PRESENT ASST. SUB INSPECTOR OF POLICE, PONNUR RURAL POLICE

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STATION, PONNUR (POST AND MANDAL), GUNTUR DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the order passed in Crl.M.P.No.8280 of 2022 in C.C.No.51 of 2016 dated 13.01.2023 on the file of the court of the I Additional Judicial Magistrate of First Class, Ponnur, Guntur District and pass

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IA NO: 1 OF 2023

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Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay of all further proceedings in C.C.No.51 of 2016 on the file the court of the I Additional Judicial Magistrate of First Class, Ponnur, Guntur District pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S):

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1.K RAMA KOTESWARA RAO

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR (AP)

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COMMON ORDER:

The petitioners aggrieved by the order passed in Crl.M.P.Nos.8280 of 2023 and 8281 of 2023 in C.C.No.51 of 2016 on the file of Additional Judicial First Class Magistrate, Ponnur. The petitioners are facing trial for the alleged offences under Sections 120B, 341, 323, 365, 506 r/w 34 of IPC. The 1^st respondent filed Criminal Miscellaneous Petitions seeking to produce and mark the following additional documents:

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(a) Death certificate of P.W.2, which is to be marked as Ex.P6; and

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(b) Her statement recorded by the Additional Junior Civil Judge, Ponnur as Ex.P7 for identifying her signature.

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The learned Magistrate, after considering the submissions of the parties involved, had allowed the petitions vide orders dated 13.01.2023 respectively. It is also observed that the petitioners would get an opportunity of cross examining the other party on the said documents and its probative value can be decided at the time of considering the case on merits. To prove the death of P.W.2, the death certificate was sought to be marked and also to identify her signature, the evidence recorded in the Court was sought to be marked. Though those documents are public documents, they would have been marked for the purpose of trial. Marking of those documents would not cause

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any prejudice to the petitioners and the petitioners will have an ample opportunity of cross examining the witnesses. The CC is pending since the year 2016 onwards, and this Court finds no grounds to interfere with the well-considered and well-reasoned orders passed by the learned Magistrate.

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