(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAY THURSDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HONOURABLE SRI JUSTICE B V L N CHAKRAV CRIMINAL PETITION NO: 5267 OF 2024

Between:

• 1. C. Madhavi, W/o. C. Krishnamurthy, Aged about 48 years, Occ: House Wife, Residing at H.No. 2-105/7, Gurajada Nllayam, Sriramnagar Colony, Beside VRK Shopping Mall, Chandanagar, Hyderabad.
• 2. G. Mallikarjuna, S/o. Malakondaiah, Aged about 36 years, Occ: Private Employee, Residing at 4 at H.No. 2-105/7, Gurajada Nilayam, Sriramnagar Colony, Beside VRK Shopping Mall, Chandanagar, Hyderabad.
• 3. G. Mahesh, S/o. Malakondaiah, Aged about 38 years, Occ:Coolie, Residing at 8-16-16, Analavari Street, Kavali, Nelloor District.
• 4. B. Sivakanya, W/o. G. Mallikarjuna, Aged about 35 years, Occ: House Wife, Residing at H.No. 2-105/7, Gurajada Nilayam, Sriramnagar Colony, Beside VRK Shopping Mall, Chandanagar, Hyderabad.

Petitioner/A1 to A4

AND

1. The State of Andhra Pradesh, Rep. by Station House officer, Sodam Police Station, Through the Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi.

Respondent

2. C. Krishnamurthy, S/o. Late Venkatachalam, Aged 54 years, Occ:Government Teacher, Residing at H.No. 3-132, Jandrapeta, Sodam Post and Mandal, Chittoor District.

Respondent

WHEREAS the Petitioners above named through their Advocate Sri Seshadri Goalla, presented this Petition under Section under Section 528 of praying that in the circumstances stated in the BNSS (482 of Cr.P.C). affidavit filed in support of the Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.47 of 2024 dated 31.03.2024 registered for the offences under sections 406, 506 r/w 34 IPC by the first respondent police, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Seshadri Goalla, Advocate for the Petitioner, and of Public Prosecutor for 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:

C. Krishnamurthy, S/o. Late Venkatachalam, Aged 54 years,

Occ:Government Teacher, Residing at H.No. 3-132, Jandrapeta,

Sodam Post and Mandal, Chittoor District.

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 affidavit filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, within six (06) weeks.

IA NO: 1 OF 2024

Petition under Section under Section 528 of BNSS (482 of Cr.P.C), CPC is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to stay all further proceedings in Crime No.47 of 2024 dated 31.03.2024 registered for the offences under sections 406, 506 r/w 34 I PC by the First respondent police, pending disposal of CRLP No. 5267 of 2024, on the file of the High Court. The Court made the following ORDER:

¹ The Court made the following ORDER:

"Heard learned counsel representing for the petitioners and learned Assistant Public Prosecutor representing for State.

Issue notice to respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to the respondent No.2 through Registered Post with Acknowledgment Due and file proof of service into the Registry within a period of six $(06)$ weeks.

Learned counsel for the petitioners would submit that the alleged offence covered by F.I.R.No.47 of 2024 of Sodam Police Station, Chittoor District, which is punishable with less than seven (07) years of imprisonment.

In that view of the matter, the Respondent /police are directed to follow the procedure as contemplated under Section $35(3)$ of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41¹ A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another¹.

List the matter after six (06) weeks."

Sd/- SK.MD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR

• To,
  • 1. The S.H.O., Sodam Police Station, Chittoor District
  • 2. C. Krishnamurthy, S/o. Late Venkatachalam, Aged 54 years, Occ:Government Teacher, Residing at H.No. 3-132, Jandrapeta, Sodam Post and Mandal, Chittoor District.(by RPAD- along with a copy of petition and memorandum of grounds)
  • 3. One CC to SRI. SESHADRI GOALLA Advocate [OPUC]
  • 4. Two CCs to Public Prosecutor, High Court of AP [OUT]
  • 5. One spare copy
    • $KJ$

HIGH COURT

$\mathcal{L}^{\mathcal{L}}$

BVLNC,J

DATED:01/08/2024

LIST THE MATTER AFTER SIX (06) WEEKS

NOTICE BEFORE ADMISSION

CRLP.No.5267 of 2024

DIRECTION