S Balaiah vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble K Suresh Reddy
Listed On:
22 Jul 2020
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 2752 OF 2020
S.Balaiah, S/o. Nagaiah.
...Petitioner/A1
AND
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- The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P at Amaravati.
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- K. Rama Subba Reddy, Occ. Assistant Engineer, Irrigation Department, Badvel Sub Division, Badvel, R/o Badvel Town and Mandal, YSR Kadapa District.
... Respondent No.2/ Defacto Complainant
WHEREAS the Petitioner above named through his Advocate Sri M DELHI BABU 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 against the petitioner in Crime No.226 of 2020 dated 2.6.2020 on the file of the Mydukur U/G Police Station, Y.S.R. Kadapa District, registered for the offences punishable U/s 379 r/w 34 of IPC and Sec.3 of Prevention of Damage to Public Property Act, 1984.
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri M DELHI BABU Advocate for the Petitioner and of Public Prosecutor for Respondent No.1, directed issue of notice to the Respondents herein to show cause as to why this CRIMINAL PETITION should not be admitted.
You viz:
K. Rama Subba Reddy, Occ. Assistant Engineer, Irrigation Department, Badvel Sub Division, Badvel, R/o Badvel Town and Mandal, YSR Kadapa District.
are directed to show cause either appearing in person or through an Advocate, on or before 05-08-2020 to which date the case stands posted 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.
IA NO: 2 OF 2020
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 all further proceedings against the petitioner in Crime No.226 of 2020 dated 2.6.2020 on the file of the Mydukur U/G Police Station, Y.S.R. Kadapa District, registered for the offences punishable U/s 379 r/w 34 of IPC and Sec.3 of Prevention of Damage to Public Property Act, 1984, including arrest of the petitioner, pending disposal of CRLP No.2752 of 2020, on the file of the High Court.
The Court made the following: ORDER
"Notice before admission. The learned Additional Pubic Prosecutor takes notice for 1<sup>st</sup> and 2<sup>nd</sup> respondents and seeks time to get instructions.
Post on 05-08-2020.
Since this court had already passed an interim order Insofar as the A-2 is concerned in Crl.P.No.2259 of 2020 on 18-06-2020, there shall be an interim stay including arrest of the petitioner as prayed for."
IITRUE COPYII
SD/- K. JAGAN MOHAN DEPUTY REGISTRAR (sLA Fo SECTION OFFICER
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- The Station House Officer, Mydukur U/G Police Station, Y.S.R. Kadapa District
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- K. Rama Subba Reddy, Occ. Assistant Engineer, Irrigation Department, Badvel Sub Division, Badvel, R/o Badvel Town and Mandal, YSR Kadapa District.(by RPAD- along with a copy of petition and memorandum of grounds)
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- One CC to SRI M DELHI BABU Advocate [OPUC]
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- Two CC's to Public Prosecutor, High Court of A.P [OUT]
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- One spare copy
- SP
To,
HIGH COURT
KSRJ
DATED:22/07/2020
POST ON 05-08-2020.
NOTICE BEFORE ADMISSION
CRLP.No.2752 of 2020
INTERIM STAY