(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE NINTH DAY OF MAY

TWO THOUSAND AND TWENTY FOUR

:PRESENT:

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 3451 OF 2024

Between:

• 1. Shaik Nagul Meera, S/o Late Moulali, aged about 33 years, Muslim, R/o D. No. 26-2-7, Nagarampalem, Guntur - 522004, A.P.
• 2. Shaik Naziya, W/o Sadik Babu, aged about 34 years, Muslim, Islampet, Bapatla (M), Guntur District, A.P.
• 3. Pataan Haseena, W/o Pataan Hussain, aged about 30 Years, Muslim, House wife, R/o D. No 81-22-2158, Guntur, A.P.
• 4. Shaik Sadik Babu, S/o Abdul Rehaman, aged about 36 years, Muslim, Islampet, Bapatla (M), Guntur District, A.P.
• 5. Saddam @ Patan Hussain, aged about 31 Years, Muslim, R/o D. No 81-22-2158, 21/2 Line, Guntur District, Andhra Pradesh.
• 6. Shaik Subhan Bi, W/o Samiyulla, aged About 55 years, Muslim, House wife, NTR Colony, Namburu, Guntur, A.P.
• 7. Shaik Samiyulla, aged about 58 years, Muslim, NTR Colony, Namburu, Guntur, A.P.

Petitioners/Accused 1 to 7

AND

• 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Sub Inspector of Police, Edlapadu Police Station, Palnadu District, A.P.
• 2. Shaik Rizwana, D/o Shaik Subani, W/o Vasim, aged about 34 years, Muslim, Occ-A.P. Grama Sachivalayam Volunteer, R/o D. No. 1-159,

Peerlachavidi, Kondaveedu Village, Edlapadu (M), Palnadu District -522233, A.P.

Respondents/Complainant

WHEREAS the Petitioners/Accused above named through their Advocate SRI LAKSHMI KONDALA RAO K presented this 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 charge sheet against the Petitioners/Accused in connection with C.C No. 47 of 2022 on the file of Additional Junior Civil Judge, Chilakaluripet, Palnadu District, in the interest of Justice

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri LAKSHMI KONDALA RAO K Advocate for the Petitioner. ASSISTANT PUBLIC PROSECUTOR for the 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:

Shaik Rizwana, D/o Shaik Subani, W/o Vasim, aged about 34 years, Muslim, Occ-A.P. Grama Sachivalayam Volunteer, R/o D. No. 1-159. Peerlachavidi, Kondaveedu Village, Edlapadu (M), Palnadu District -522233. A.P.

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 memorandum of grounds filed therewith(copy enclosed) this CRIMINAL PETITION should not be admitted within eight weeks.

IA NO: 2 OF 2024

Petition under Section 482 of Cr.P.C, is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the further proceedings in C.C. No. 47 of 2022 on the file of Additional Junior Civil Judge, Chilakaluripet, Palnadu District, pending disposal of CRLP No. 3451 of 2024, on the file of the High Court.

The Court made the following order:

"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 on respondent No.2 by registered post with acknowledgment due and file proof of service before the Registry within a period of three (3) weeks.

Heard. Perused the record.

Learned counsel for the petitioners submits that petitioner No.1 herein/A1 filed F.C.O.P.No.422 of 2022 on the file of the learned Judge, Family Court, Guntur District under Section 7 of the Family Courts Act. By Judgment dated 28.11.2023, the learned Judge, Family Court, Guntur District decreed the suit declaring that defendant therein/respondent No.2 herein is not a legally wedded wife of the plaintiff therein/petitioner No.1 herein/A1. Further, the entries made in the Marriage Book No.11324 and in Dusther No.11324 issued by Qazi Government are held not valid. Thus, the marriage between the plaintiff therein/petitioner No.1 herein/A1 and defendant therein/respondent No.2 herein held not valid. Thereafter, respondent No.2 herein lodged a complaint against all accused before Edlapadu Police Station, Guntur District, and the same was registered vide FIR.No.248 of 2021 for the offences punishable under Sections 420, 494 & 498A IPC. After investigation, a charge sheet was filed and the same was taken on file as C.C.No.47 of 2022 on the file of the learned Additional Junior Civil Judge, Chilakaluripet. Since, the marriage between petitioner No.1 herein/A1 and respondent No.2/defacto complainant is held not valid, the question of filing complaint against the

petitioners herein/A1 to A7 under Section 498A IPC would not attract. The matter requires examination.

In view of the said reason, there shall be a stay of all further proceedings in C.C.No.47 of 2022 on the file of the learned Additional Junior Civil Judge, Chilakaluripet, Palnadu District for a period of twelve $(12)$ weeks.

List the matter after eight (08) weeks."

//TRUE COPY//

Sd/- N. NAGAMMA

SECTION OFFICER

ASSISTANT REGISTRAR

For $A$ $\sim$ $\sim$ $\sim$ $\sim$ $\sim$ $\sim$

To,

• 1. The Additional Civil Judge (Junior Division), Chilakaluripet
• 2. The Sub Inspector of Police, Edlapadu Police Station, Palnadu District, A.P.
• 3. Shaik Rizwana, D/o Shaik Subani, W/o Vasim, aged about 34 years, Muslim, Occ-A.P. Grama Sachivalayam Volunteer, R/o D. No. 1-159, Peerlachavidi, Kondaveedu Village, Edlapadu (M), Palnadu District -522233, A.P. (by RPAD- along with a copy of petition and memorandum of grounds)
• 4. One CC to SRI. LAKSHMI KONDALA RAO K Advocate [OPUC]
• 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT]
• 6. One spare copy

HIGH COURT

$\text{SRK}, \text{J}$

DATED:09/05/2024

LIST THE MATTER AFTER EIGHT (08) WEEKS

NOTICE BEFORE ADMISSION

CRLP.No.3451 of 2024

GHCL

STAY