$[3368]$

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIFTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FOUR

:PRESENT:

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6095 OF 2024

Between:

• 1. Syed Moulana, S/o S. Chan Saheb, Aged 69 years, Occ Auto Diver, R/o D.No.6/496, Krishna Nagar, RS Road, Rajampet Town and Mandal, Kadapa District.
• 2. Syed Jainbun Begum, W/o S. Moulana, Aged about 63 years, Occ Housewife R/o D.No.6/496, Krishna Nagar, RS Road, Rajampet Town and Mandal, Kadapa District.
• 3. Shaik Karimoon, W/o Shaik Jani Basha, Aged about 45 years, Occ. Housewife R/o D.N0.4/75-C, Usman Nagar, Rajampet Town and Mandal, Kadapa District.
• 4. Shaik Chandini, W/o Shaik Jilani, Aged about 31 years, Occ Housewife R/o 7/58-F1, Balijapalli Road, Rajampet Town and Mandal, Kadapa District.

Petitioners/Accused 2 to 5

AND

• 1. State of Andhra Pradesh, Represented by S.H.O, Nandalur P.S, Kadapa District, Through the Public Prosecutor High Court of A.P.
• 2. Rizwanaa Begum Sayyad, Aged about 37 years, W/o Sayyad Rasool, Occ Housewife R/o D.No.1/139, Gollapalli Village, Nandalur Town and Mandal, Kadapa District.

Respondents/Complainant

WHEREAS the Petitioners/Accused above named through their Advocate SRI N ASHWANI KUMAR presented this Petition under 482 of Criminal Procedure code/ Section 528 of BNSS 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 C.C.No.255 of 2022, on the file of the Hon'ble Junior Civil Judge Cum Judicial Magistrate of First Class Court, Nandalur, Kadapa District, in the interest of equity and justice while exercising its inherent jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) r/w Section 482 of Cr.P.C.

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri N ASHWANI KUMAR Advocate for the Petitioners, 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:

Rizwanaa Begum Sayyad, Aged about 37 years, W/o Sayyad Rasool, Occ Housewife R/o D.No.1/139, Gollapalli Village, Nandalur Town and Mandal, Kadapa 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 memorandum of grounds filed therewith(copy enclosed ) this CRIMINAL PETITION should not be admitted within six weeks.

IA NO: 2 OF 2024

Petition under 482 of Criminal Procedure code/ Section 528 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings, including presence/ appearance of the Petitioners herein in C.C.No.255 of 2022, on the file of the Hon'ble Junior Civil Judge Cum Judicial

Magistrate of First Class Courts Nandalur, Kadapa District, pending disposal of CRLP No. 6095 of 2024, on the file of the High Court.

The Court made the following order:

"Heard learned counsel for the petitioners.

Learned Assistant Public Prosecutor takes notice for the State/respondent No.1. ✓

Issue notice to the unofficial respondent No.2. $\smile$

Learned counsel for the petitioners is permitted to take out personal notice to the unofficial respondent No.2 through registered post with acknowledgment due and file proof of service in the Registry.~

Considering the facts and circumstances of the case, the presence of the petitioners herein/A2 to A5 only before the trial Court is dispensed with, except on those dates when the learned Magistrate feels that their presence is necessary. $\checkmark$

List after six (06) weeks. "

SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

For

To,

• 1. The Civil Judge (Junior Division) Cum Judicial Magistrate of First Class Courts Nandalur, Kadapa District
• 2. The S.H.O, Nandalur P.S, Kadapa District
• 3. Rizwanaa Begum Sayyad, Aged about 37 years, W/o Sayyad Rasool, Occ Housewife R/o D.No.1/139, Gollapalli Village, Nandalur Town and Mandal, Kadapa District. (by RPAD- along with a copy of petition and memorandum of grounds)
• 4. One CC to SRI. N ASHWANI KUMAR Advocate [OPUC]
• 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT]
• 6. One spare copy

HIGH COURT

BVLNC,J

DATED:05/09/2024

LIST AFTER SIX (06) WEEKS

NOTICE BEFORE ADMISSION

CRLP.No.6095 of 2024

DIRECTION