Bussa Nagi Reddy, Vs State of Andhra Pradesh

CHITREDDY VENKATA NARAYANA REDDY,, S/O. VENKATA SWAMY REDDY, AGED 55 YEARS, OCC BUSINESS, R/O. NEAR I.O.C PETROLEUM BUNK, DORNAIA TOWN AND MANDAL, PRAKASAM DISTRICT.

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CHITREDDY RADHA,, W/O. VENKATA NARAYANA REDDY, AGED 50 YEARS, OCC HOUSE WIFE, R/O. NEAR I.O.C PETROLEUM BUNK, DORNAIA TOWN 8I MANDAL, PRAKASAM DISTRICT.

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BOGGU LAKSHMI DEVI,, W/O. RAJASEKHER REDDY, AGED 33 YEARS, OCC HOUSE WIFE, R/O. BODAPADU VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT ...PETITIONER/ACCUSED(S)

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AND

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STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. RESPONDENT

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RAMIREDDY VENKATA YAMINI BUSSA VENKATA YAMINI, W/O. BUSSA RAMAKRISHNA REDDY, D/O. RAMIREDDY SATYA NARAYANA REDDY, AGED 23 YEARS, OCC HOUSE WIFE, R/O. LINGAPURAM VILLAGE, CUMBUM MANDAL, PRAKASAM DISTRICT. ...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 entire proceedings in DVC No. 24 of 2023 on the file of the court of learned Additional Judicial First Class Magistrate, Giddalur, and pass

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IA NO: 1 OF 2024

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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 grant stay of all further proceedings including appearance of the petitioners in DVC No. 24 of 2023 on the file of the court of learned Additional Judicial First Class Magistrate, Giddalur, pending disposal of the main Criminal petition and pass

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Counsel for the Petitioner/accused(S): 1.NIMMAGADDA REVATHI

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Counsel for the Respondent/complainant(S): 1.MODUGU VENU GOPAL

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2.PUBLIC PROSECUTOR (AP)

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 21 of 2024

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The Court made the following Order:

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Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.24 of 2023 on the file of the Additional Judicial First Class Magistrate, Giddalur, for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

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Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State.

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Learned counsel for the petitioners submits that the petitioners herein are charged for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in DVC No.24 of 2023 on the file of the Additional Judicial First Class Magistrate, Giddalur.

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During the course of arguments, learned counsel for the petitioners restricted his prayer to the extent of dispensing with

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the personal appearance of petitioners herein in the DVC proceedings before the trial Court.

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On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners herein and as such, he opposed the prayer of the petitioners.

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However, considering the submissions made by learned counsel for the petitioners as well as learned Assistant Public Prosecutor and after perusal of the entire material available on record, the presence of petitioners alone before the Additional Judicial First Class Magistrate, Giddalur in DVC No.24 of 2023 is hereby dispensed with, except on those dates when the learned Judge feels that their presence is necessary.

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