APHC010191332022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3396]

MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT.JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 3221/2022

Between:

• 1. THULASI VENKATA RAMAIAH, S/O VENKATA SUBBA RAYUDU, RESIDENCE OF D.NO.24-4-147, SANTHI NAGAR, NEAR CHAMUNDESWARI APPARTMENT, FATHEKHAN PET, NELLORE, ANDHRA PRADESH.(A-2)
• 2. THULASI LAKSHMI,, W/O VENKATA RAMAIAH, RESIDENCE OF D.NO.24-4-147, SANTHI NAGAR, NEAR CHAMUNDESWARI APPARTMENT, FATHEKHAN PET, NELLORE, ANDHRA PRADESH. (A-3)
• 3. THULASI SAI RATNA, , W/O SUNEEL KUMAR, RESIDENCE OF D.NO.16-1-579, SANTHI NAGAR, NEAR CHAMUNDESWARI APPARTMENT, NELLORE, ANDHRA PRADESH.

...PETITIONER/ACCUSED(S)

AND

• 1. SMT DR VENKATA SULOCHASNA NANDIMANDALAM, W/O KONDURU VENKATA SUBBA RAJU, FEMALE, AGED 61 YEARS, R/O 3/120, NAWABPET, NELLORE TOWN ANDHRA PRADESH
• 2. THE STATE, SHO, NAWABPETA (POTTI SRIRAMULU) NELLORE DISTRICT, REP. THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE, A.P. AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT(S):

Counsel for the Petitioner/accused(S):

1.ANURADHA KOPPARAPU

Counsel for the Respondent/complainant(S):

• 1.HARINATH REDDY SOMA
• 2.PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER:

The instant petition under Section 482 of the Code of Criminal Procedure, 1973¹ , has been filed by the Petitioners/Accused Nos.2 to 4 seeking to quash the proceedings against them in C.C.No.3073 of 2021 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore for the offences under Sections 417 and 420 read with 34 of Indian Penal Code, 1860² .

2. Heard Sri T.V.P.Sai Vihari, learned counsel representing Ms.Kopparapu Anuradha, learned counsel for the Petitioners and Sri Harinath Reddy Soma, learned counsel for Respondent No.1. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State/Respondent No.2 is in attendance.

3. Learned counsel for the Petitioners would submit that there are no allegations made against the Petitioners/Accused Nos.3 and 4 to attract the offence of cheating. Therefore, continuation of criminal proceedings against them, is sheer abuse of process of law. Learned counsel would further submit that the allegations are to the effect that Petitioner/Accused No.2 introduced Accused No.1, who is his son and made Respondent No.1 to part away her amount. Learned counsel finally submits that, simply because the Petitioners are the family members, this case has been lodged. At this juncture, learned counsel would submit that the presence of Petitioner/Accused No.4 before the trial Court, may be dispensed with.

¹ for short 'Cr.P.C'

² for short 'IPC'

4. Per contra, learned counsel for Respondent No.1 would submit that there are specific allegations against the Petitioners and it is not a fit case for quashment. However, learned counsel would submit that, no allegations are made against Petitioner/Accused No.3 and the Court may pass appropriate orders.

5. Considering the submissions made, a fair look at the contents of the complaint would disclose that, nothing has been attributed against the Petitioner/Accused No.3, who is the wife of Petitioner/Accused No.2. In that view, continuation of criminal proceedings against the Petitioner/Accused No.3 is an abuse of process of law.

6. In the result, the criminal petition is partly allowed quashing the proceedings against the Petitioner/Accused No.3 in C.C.No.3073 of 2021 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore for the offences under Sections 417 and 420 read with 34 IPC. Petition against Petitioners/Accused Nos.2 and 4 is dismissed. However, the presence of the Petitioner/Accused No.4 before the trial Court, is dispensed with, except on the specific dates as directed by the trial Court.

Pending miscellaneous petitions, if any, shall stand closed.

______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 25.11.2024 Dinesh

HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Crl.P.No.3221 of 2022

Dt.25.11.2024

Dinesh