B.Sujana vs. The Station House Officer

Court:High Court of Andhra Pradesh
Judge:Hon'ble K Sreenivasa Reddy
Case Status:Unknown Status
Order Date:31 Jul 2023
CNR:APHC010374092023

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble K Sreenivasa Reddy

Listed On:

31 Jul 2023

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE

MONDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5451 OF 2023

Between:

Smt.B.Sujana, W/o.Vijaya Bhaskar Reddy, Hindu, Aged about 50 years, Occ. Public Prosecutor, R/o.D.No.12/446, III Cross, Near Obulaiah Clinic, Sai Nagar, Anantapur, Anantapur Dist.

...Petitioner/Accused

AND

  1. The Station House Officer, Anantapur II Town P.S., Anantapur District, rep. by its Public Prosecutor at High Court of Andhra Pradesh at Amaravati.

...Respondent/Complainant

  1. H.Jayamma@Jayasree, D/o.Thippanna, Hindu, Aged about 28 yrs, Occ. Staff Nurse, KIMS Savera Hospital, R/o. Vishnu Apartments, Flat No.101, Sai Nagar 1St Cross, Anantapur.

...Respondent/Defacto-Complainant

WHEREAS the Petitioner above named through her Advocate Sri G L Nageswar Rao presented this Petition under Section 482 Cr.P.C, praying that in the circumstances stated in the grounds filed in Criminal Petition, the High Court may be pleased to call for records in connection with the case in Cr.No.134 of 2023 on the file of the S.H.O. Anantapur II Town P.S., Anantapur District, which was registered for the alleged offences under sections 420, 506 of IPC and 3(1)(r), $3(1)(s)$ , $3(2)(va)$ of SC, ST (POA) Act and to quash the same against the petitioners herein as it is illegal, arbitrary, unjust and abuse of process of law and the allegations do not attract the ingredients of the alleged offences;

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri G L Nageswar Rao, 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:

H.Jayamma@Jayasree, D/o.Thippanna, Occ. Staff Nurse, KIMS Savera Hospital, R/o. Vishnu Apartments, Flat No.101, Sai Nagar 1St Cross, Anantapur.

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 four weeks.

IA NO: 1 OF 2023

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed in Criminal Petition, the High Court may be pleased to grant stay of all further proceedings 'ln connection with the case in cr.No. 134 of 2023 on the file of the s.H.O. Anantapur ll Town P.S., Anantapur District, which Was registered for the alleged offences under sections 420, 506 of lPC and 3(1)(r), 3(1)(s),3(2)(va) of SC, sT (POA) Act in the interest OfjuStiCe, Pending disposal Of CRLP No. 5451 of 2023, on the file of the High Court.

The Court made the following ORDER:

'lLearned counsel for the petitioner iS Permitted tO take Out Personal notice to the respondent No.2 by registered POSt With acknowledgment due and file proof of service in the Registry within a Period Of three (3) weeks.

Issue notice to the respondent No.2.

Heard the learned counsel for the Petitioner.

Learned counsel for the Petitioner Submits that an accusation has been made against the petitioner herein that about one year back, when the de facto compla-Inant Went tO the house Of the Petitioner/A2 who is wife Of A1, the petitioner herein abused the de facto complainant in filthy language and threatened her with dire consequences and except the said accusation, prima facie, there is no other material to connect the petitioner herein with the present crime.

ln view of the aforesaid circumstances, the police are directed to conduct investigation without taking any coercive steps aga'lnst the petitioner herein. The police while conducting investigation WOu'd keep in mind that the Case registered against the petitioner herein is about one year back and the report given at a belated stage.

post after four (4) weeks."

/ITRUE COPY//

sd/-N. NAGAMMA ASSISTANT RjgrAR TEAR For ASSISTANT REGISTRAR

To'1. The Station House Officer, Anantapur ll Town P.S., Anantapur District.

    1. H.Jayamma@Jayasree, D/a.Thippanna, Occ. Staff Nurse, KIMS Savera Hospital, R/o. Vishnu Apartments, Flat No.101, Sai Nagar 1 St Cross, Anantapur.(by RPAD-along with a COPY Of Petition and memorandum Of grounds)
    1. One CC to Sri. G L NAGESWAR RAO, Advocate [OPuc]
    1. Two CCs to Public Prosecutor, High Court ofAP [OUT]
    1. One spare copy.

MSB

HIGH COURT

SRK,J

DATED:31 /07/2023

ORDER

POST AFTER FOUR (4) WEEKS

NOTICE BEFORE ADMISSION

CRLP.No.5451 of 2023

DIRECTION