(SHOW CAUSE NOTICE BEFORE ADMISSION) lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND ll^/ENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1768 OF 2O23

Between:

• 1. Valavala Syamala Venkata Gangadhara Rao @ Ganga Raju, S/o. Venkannal Aged about 48 Years, R/o. Korukollu Village, Kalidindi Mandal.
• 2. Chandana Uma Maheswara Rao, S/a. Koteswara Rao, Aged about 48 years, R/a. Korukollu Village, Kalidindi Mandal.

Petitioners/Accused

AND

1. The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

Respondent/Complainant

2. Chennamsetti Satyanarayana, S/o. Narayana Murthy, Aged about 65 years, R/a. KorukoIIu Village, Kalidindi Mandal, Krishna District.

Respondent/Defacto Complainant

WHEREAS the Petitioners/Accused above named through their Advocate Sri T NAGARJUNA REDDY presented this Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Crl.M.P.No.97/2018, dt. 21.ll.2O22 in S.C.No.159/2017 on the file of the Court of the Senior Civil Judge, Kaikaluru, Krishna District and quash the same so far as the petitioners are concerned.

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri T NAGARJUNA REDDY Advocate for the Petitioners 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:

Chennamsetti Satyanarayana, S/o. Narayana Murfhy, Aged about 65 years, R/o. Korukollu Village, Kalidindi Mandal, Krishna 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 affidavit filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, within six weeks on which date the case stands posted for hearing.

IANO: 1 OF2023

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to direct stay of all further proceedings including appearance of the Petitioners in S.C.No.159/2O17 on the file of the Court of the Senior Civil Judge, Kaikaluru, Krishna District, pending disposal of CRLP No. 1768 of 2023, on the file of the High Court.

The Court made the following:

ORDER:

ff 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.

Originally, a case has been registered against the petitioners herein and another for the offence punishable under Section 3O7 lPC and, during the course of investigation, police deleted the names of the petitioners herein on the ground that there is no evidence as against them. Thereafter, the de facfo complainant has resorted in filing a protest petition before the learned Magistrate and the same was dismissed. Pursuant to the same, at the time of recording the evidence of PWs.1 and 2, the names of the petitioners herein have been mentioned in the evidence. Hence, the petitioners herein were added as accused in the present case. This needs further examination.

ln view of the aforesaid facts and circumstances of the case, there shall be interim stay of all further proceedings including appearance of the petitioners herein in SC No.159 of 2017 on the file of the learned Senior Civil Judge, Kaikaluru, Krishna district, for a period of eight (8) weeks.

List the matter after six (6) weeks. "

//TRUE COPY//

For

SECTl N OFFICER

ASSISTANT RE lSTRAR

Sd/-T. MADHAVI

Tol

• 1. The Senior Civil Judge, Kaikaluru, Krishna district.
• 2. Chennamsetti Satyanarayana, S/o. Narayana Murthy, Aged about 65 years, R/o. Korukollu Village, Kalidindi Mandal, Krishna District. (by RPAD-along with a copy of petition and memorandum of grounds)
• 3. One CC to SRl. T NAGARJUNA REDDY Advocate [OPUC]
• 4. Two CCs to Public Prosecutor, High Court ofA.P. [OUT]
• 5. One spare copy

HIGH COURT

SRKJ

DATED:07/03/2023

List the matter after six $(6)$ weeks

NOTICE BEFORE ADMISSION

CRLP.No.1768 of 2023

INTERIM STAY