Nuni Krishna Sateesh, Vs the State of Andhra Pradesh

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APHC010040612021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 607 OF 2021

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Between:

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Nuni Krishna Sateesh, s/o. Dhanaraju, Aged 42 years, r/o. 18-123/3, Sai Nagar, Dowlaiswaram, Vemagiri, East Godavari district-533125

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Nuni Dhanaraju, s/o. Satti Raju, Aged 67 years, r/o. 18-123/3, Sai Nagar, Dowlaiswaram, Vemagiri, East Godavari district-533125

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Nuni Subbalakshmi, w/o. Nuni Dhanaraju, Aged 64 years, r/o. 18-123/3, Sai Nagar, Dowlaiswaram, Vemagiri, East Godavari district-533125

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Nuni Annapurna, w/o. Pavan Kumar, Aged 40 years, r/o. D.No. 13-201, 0pp. Murthy Master Tuition Centre, Dowlaiswaram, Rajahmundry rural. East Godavari district-533125

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5, Dandamudi Pavan Kumar, s/o. Venkata Ramarao, Aged 44 years, r/o. D.No. 13-201, 0pp. Murthy Master Tuition Centre, Dowlaiswaram, Rajahmundry rural. East Godavari district-533125

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...Petitioners/A.1 to A.5

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AND

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The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature for the State of Andhra Pradesh, Amaravati.

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The Station House Officer, Kakumanu Police Station,^{Gunturdistrict}

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...Respondents

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Bandarukpalli Babita, w/o. Nuni Krishna Sateesh, aged 32 years, r/o. Garikapadu village, Kakumanu mandal, Guntur district

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...Respondent/Defacto Complainant

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%

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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 lNigh Court may be pleased to quash the proceedings^{inCrimeNo.114of} 2020 of Kakumanu police station, Guntur district in the interest of justice. lA NO: 2 OF 2021 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 to stay all further proceedings^{inCrimeNo.114of} 2020 of Kakumanu police station, Guntur district, including arrest of the petitioners, pending disposal of the Criminal Petition.

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This Petition coming on for hearing, upon perusing^{theMemorandumof} Grounds of Criminal Petition and upon hearing the arguments of Sri T.Niranjan, Advocate for the Petitioners and of the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Challa Gunaranjan, Advocate for the Respondent No.3.

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The Court made the following Order:

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1

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APHC010040612021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3396]

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY FIFTH DAY OF JULY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 607/2021

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Between:

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1.NUNI KRISHNA SATEESH,, S/0. DHANARAJU, AGED 42 YEARS, RHO. 18-123/3, SAI NAGAR, DOWLAISWARAM, VEMAGIRI, EAST GODAVARI DISTRICT-533125

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2.NUNI DHANARAJU,, S/0. SATTI RAJU, AGED 67 YEARS,^R/0. 18123/3, SAI NAGAR, DOWLAISWARAM, VEMAGIRI, EAST GODAVARI DISTRICT-533125

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3.NUNI SUBBALAKSHMI,, W/0. NUNI DHANARAJU, AGED 64 YEARS, R/0. 18-123/3, SAI NAGAR, DOWLAISWARAM, VEMAGIRI, EAST GODAVARI DISTRICT-533125

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4.NUNI ANNAPURNA, , W/0. PAVAN KUMAR, AGED 40 YEARS,^R/0. D.NO.13-201, OPP. MURTHY MASTER TUITION CENTRE, DOWLAISWARAM, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT-533125

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5.DANDAMUDI PAVAN KUMAR, , S/0. VENKATA RAMARAO, AGED 44 YEARS, R/0. D.N0.13-201, OPP. MURTHY MASTER TUITION CENTRE, DOWLAISWARAM, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT-533125

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...PETITIONER/ACCUSED{S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE FOR THE STATE OF ANDHRA PRADESH, AMARAVATI.

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2

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2.THE STATION HOUSE OFFICER, KAKUMANU POLICE STATION,' GUNTUR DISTRICT

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3.BANDARUKPALLI BABITA, , W/0. NUNI KRISHNA SATEESH,^AGED 32 YEARS, R/0. GARIKAPADU VILLAGE, KAKUMANU MANUAL, 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 Court pleased to quash the proceedings in Crime No.114 of 2020 of Kakumanu police station, Guntur district^{intheinterestof} justice and pass lA NO: 1 OF 2021 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 to dispense with filing of certified copy of FIR in Crime No.114 of 2020 of Kakumanu police station, Guntur district, in the interest of justice and pass

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lA NO: 2 OF 2021

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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 to stay all further proceedings^{inCrimeNo.114of} 2020 of Kakumanu police station, Guntur district, including arrest of the petitioners, pending disposal of the Criminal Petition, in the interest of justice and pass

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Counsel for the Petltioner/accused{S):

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1.TENEPALLI NIRANJAN

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Counsel for the Respondent/complainant(S);

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PUBLIC PROSECUTOR (AP)

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3

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 607/2021

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ORDER:

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The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by tbe Petitioners/Accused Nos.1 to 5, seeking quashment of the proceedings pending against them in Crime No.114 of 2020, of Kakumanu Police Station, Guntur District registered for the offences under Sections 498A r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition^Act.

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Heard Sri Tenepalli Niranjan, learned counsel for the Petitioners/Accused Nos.1 to 5 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

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Learned Assistant Public Prosecutor would submit that charge sheet is filed in this matter vide C.C.No.73 of 2023 on the file of the learned Additional Junior Civil Judge, Ponnur, Guntur District.

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Learned counsel for the petitioners would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioners. Learned counsel for the petitioners would further submit that the presence of the petitioners before the Trial Court may be dispensed with.

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Considering the submissions, the Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioners. However, the petitioners are at liberty to raise all^{theircontentionsbeforethe}

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4

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Trial Court in their defense. Learned Trial Judge may appreciate the same and^ take appropriate decision according to law. However,^the presence^ofthe petitioner Nos.2 to 5/accused Nos.2 to 5 before the^Trial Court^is dispensed with unless their presence is specifically directed.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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//TRUE COPY//

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Sd/- U SRIDEVI ASSISTANT REGISTRAR )r ^ SECTION OFFICER

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To,

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