IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 3221 OF 2022

Between:

• 1. Thulasi Venkata Ramaiah, S/o Venkata Subba Rayudu, Residence of D.No.24-4-147, Santhi Nagar Fathekhan Pet, Nellore, Andhra Pradesh.(A-2) near Chamundeswari Appartment,
• 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 2 to 4

AND

1. Dr Venkata Sulochasna Nandimandalam, W/o Konduru Venkata Subba Raju, Female, aged ⁶¹ years, R/o 3/120, Nawabpet, Nellore Town Andhra Pradesh

...RESPONDENT/ D/F COMPLAINANT

2. The State,, SHO, Nawabpeta (Potti Sriramulu) Nellore District, Rep. through its Public Prosecutor, High Court of Judicature, A.P. Amaravathi, Guntur District

...RESPONDENT/COMPLAI

Petition under Section 482 of Cr.P.C praying that in the .circumstances stated in the Memorandum of Grounds of Criminal Petition, tfie High Court pleased to quash the proceedings in C.C. No. 3073/2021, by considering the facts in the present quash petition, pending before the II Additional Junior Civil Judge-cum-Judicial ^I Class Magistrate against the petitioners/A-2 to A-4 herein Nellore as

V

LA. NO: 2 OF 202?

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Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further personal appearance of the petitioners/A2 to A4 in C.C. No. 3073/2021 pending before the II Additional Junior Civil Judge-cum-Judicial ^I Class Magistrate, Nellore, pending disposal of the Criminal Petition Court, praying that in the proceedings including before this

I.A. NO: ¹ OF 20??

Petition under Section 482 circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to dispense with for filing of certified copies of charge sheet and 161 statements of the witnesses, pending disposal of the Criminal Petition before this Court of Cr.P.C praying that in the Petition,

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of and the Public of Sri Harinadth Reddy Sri Anuradha Kopparapu, Advocate for the Petitioner Prosecutor on behalf of the Respondent No.2 and Soma Advocate for the Respondent No. ¹

The Court made the following ORDER :

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

...PETITIONER/ACCUSED(S)

AND

• SULOCHASNA NANDIMANDALAM, W/O 1.SMT DR VENKATA 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 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 1 Procedure, 1973 for the offences under Sections 417 and 420 read with 34 of Indian Penal Code, 1860^.

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.

for short 'Cr.P.C'

^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.

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 6. 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.

SD/- B.PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY//

To, The II Additional Junior Civil Judge-cum-Judicial ^I Class Magistrate, Nellore 1

3

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• 2. One CC to Sri Anuradha Kopparapu Advocate [OPUC]
• 3. One CC to Sri Harinath Reddy Soma Advocate [OPUC]
• 4. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] ^k 5. THREE CD COPIES
  • • psr

TAC

HIGH COURT DATED: 25/11/2024

ORDER

CRLP.No.3221 of 2022

$0223$

PARTLY ALLOWING THE CRIMINAL APPEAL