M.Bhaskar vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble K Sreenivasa Reddy
Case Status:Unknown Status
Order Date:13 Feb 2023
CNR:APHC010069342023

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble K Sreenivasa Reddy

Listed On:

13 Feb 2023

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Order Text

$[3327]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1135 OF 2023

Between:

    1. M.Bhaskar. S/o.Chalapathi, Aged about 38 years, R/o.H.no.3-39A, Yanadapalli, Molakalacheruvu, Madanapalli Mandal, Chittoor District. (A-1)
    1. K.Sreenivasulu Reddy, S/o.Late Chinna Venkata Ramana Reddy, Aged about $R/o.H.No.3-147-15-9-20-3$ , Chandra 53 vears. Colony Extension, Madanapalli, Chittoor District. (A-2)

Petitioner/Accused No.1 & 2

AND

  1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., at Amaravathi

...Respondent

  1. Vempalli Srinivasulu, S/o.Late Vempalli Paletappa, Aged about 55 years, 3-147-2-274-1, Chandra Colony, Byepass Road, Madanapalli, Chittoor District

Respondent/ Defacto Complainant

WHEREAS the Petitioner above named through their Advocate Sri B CHANDRA SHEKHAR presented this Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to Quash the proceedings in Crime No.26 of 2023, dt.04.02.2023 on the file of the Madanapalle II Town Police Station, Chittoor District. against the petitioners/Accused 1 and 2, in the interest of justice.

AND WHEREAS the Court High upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri B CHANDRA SHEKHAR Advocate for the Petitioner and of Public Prosecutor for Respondent No.1, directed issue of notice to the Respondent No.2 herein to show cause as to why this CRIMINAL PETITION should not be admitted.

You viz:

Vempalli Srinivasulu, S/o.Late Vempalli Paletappa, Aged about 55 years, 3-147-2-274-1, Chandra Colony, Byepass Road, Madanapalli, Chittoor District

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith(copy enclosed) this CRIMINAL PETITION should not be admitted within six weeks.

IA NO: 2 OF 2023

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to stay of all further proceedings in Crime No. 26 of 2023, dt. 04-02-2023 on the file of the Madanapalle II Town Police Station, Chittoor, pending disposal of CRLP No. 1135 of 2023, on the file of the High Court.

The Court made the following: ORDER

"Learned Assistant Public Prosecutor takes notice for respondent No.1 and seeks time to get instructions in the matter.

Issue notice to respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to respondent No.2 by RPAD and file proof of service in the Registry within a period of three $(3)$ weeks.

In the meanwhile, the police concerned are directed to follow the procedure contemplated under Section 41A of Cr.P.C. scrupulously as per the guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273).

List the matter after six (6) weeks."

Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

$\mathbf{I}$

SECTION OFFICER

To,

  1. The Station House Officer, Madanapalle II Town Police Station, Chittoor.

  2. Vempalli Srinivasulu, S/o.Late Vempalli Paletappa, Aged about 55 years, 3-147-2-274-1, Chandra Colony, Byepass Road, Madanapalli, Chittoor District (by RPAD- along with a copy of petition and memorandum of grounds)

  3. One CC to SRI. B CHANDRA SHEKHAR Advocate [OPUC]

  4. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT]

  5. One spare copy.

psk

HIGH COURT

SRKJ

DATED:13/02/2023

LIST AFTER SIX WEEKS

NOTICE BEFORE ADMISSION

CRLP.No.1135 of 2023

DIRECTION