Munukoti Samudram Atm Siva Samudra Rao vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble T. Rajani
Listed On:
25 Jun 2020
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY
:PRESENT: HONOURABLE THE CHIEF JUSTICE JITENDRA KUMAR MAHESHWARI
CRIMINAL PETITION NO: 2401 OF 2020
Between:
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- Munukoti Samudram @ Siva Samudra Rao, S/o Rama Rao, Age: 53, D.No.2-142, Munukotivaripalem, H/o. Anathavaram, Mummidivaram Mandal, East Godavari District.
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- Munukoti Pallaparaju @ Pallamraju, S/o Rama Rao, Age: 48, R/o D.No.2-142/2, Munukotivaripalem, H/o. Anathavaram, Mummidivaram Mandal, East Godavari District.
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- Munukoti Vijaya Bhimeswara Rao, S/o Rama Rao, Age: 35, D.No. 2-142/1, Munukotivaripalem, H/o. Anathavaram, Mummidivaram Mandal, East Godavari District. Petitioners/Accused Nos. 1 to 3
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- The State Of Andhra Pradesh, Rep. By Police, Mummidivaram, East Godavari District, Rep. Station House Officer, Through Public Prosecutor, High Court of A.P. at Amaravathi.
...Respondent/Complainant
- Suda Srinivasa Rao, S/o. Narasimhamurty, Age: 40 years, R/o. Munukotivaripalem, H/o. Anathavaram Village, Mummidivaram Mandal, East Godavari District.
...Respondent/ Defacto-Complainant
Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to Quash the proceedings in F.I.R. No. 74 of 2020, on the file of Mummidivaram Police Station, East Godavari District, in the interest of Justice.
IA NO: 2 OF 2020
Petition under Section 482 Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including arrest of the Petitioners in FIR No. 74 of 2020, on the file of Mummidivaram Police Station, East Godavari District, pending disposal of CRLP 2401 of 2020, on the file of the High Court, in the interest of justice.
The Criminal Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P.S.P. Suresh Kumar, Advocate for the Petitioners and of the Public Prosecutor, High Court of AP for the State and the Court made the following:
ORDER
"(Through Video Conferencing)
Sri P.S.P Suresh Kumar, counsel for the petitioners and the Public Prosecutor for respondent No.1.
Heard on the question of admission.
Counsel for the petitioners contends that this is a case in which land transaction was made and merely on the allegation that on the date so fixed for execution of sale deed, petitioners were not present, therefore, offences have been registered against the petitioners.
It is settled law that Police should not interfere with civil disputes. Therefore, looking to the averments as made, prima facie offences are not made out.
After hearing counsel for the petitioners, this Court is impressed by the contention; however, subject to filing reply, if any, or to call for relevant record by the Public Prosecutor, there shall be stay of all further proceedings in respect of Cr.No.74 of 2020 on the file of Mummidivaram Police Station, East Godavari District, before the trial Court. Simultaneously, the petitioners/accused shall not be arrested in connection with the said crime."
//TRUE COPY//
For ASSISTANT REGISTRAR
SD/- A.SURYA PRAKASH DEPUTY REGISTRAR
To,
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The Station House Officer, Mummidivaram Police Station, Mummidivaram, East Godavari District, A.P. (by RPAD)
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Suda Srinivasarao, S/o. Narasimhamurty, R/o.Munukotivaripalem, H/o. Anathavaram<br>Village, Mummidivaram Mandal, East Godavari District. (by RPAD)
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One CC to Sri P.S.P. Suresh Kumar, Advocate [OPUC]
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One CC to Sri Public Prosecutor, High Court of AP [OPUC]
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One spare copy
$\mathop{\rm MSR}\nolimits$
HIGH COURT
$\mathbf{HCJ}$