Andhra Pradesh High Court - Amravati
Patan Ayesha Khanam vs The State Of Andhra Pradesh on 25 September, 2023
Author: K Suresh Reddy
Bench: K Suresh Reddy
> . Sf ~ < IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE TWENTY FIFTH DAY OF SEPTEMBER _ TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY . CRL.P.Nos. 7283 , 7256 , 7492, 7493, 9916, 9927 of 2022, 1263 26 4573 OF 2023 CRL.P.No. 7283 of 2022 Between:- Ponguru Narayana, S/o. late Subbaramaiah, Aged 65 years, Rio. D.No. 16-11-540, Haranathapuram, 1% Lane, Nellore, SPSR Nellore District. _..Petitioner/Accused. AND The State of Andhra Pradesh, Through Senior Executive Officer, PS : CID, AP, Amaravathi, Mangalagiri, Represented by its Special Public Prosecutor, CID, High Court of Andhra Pradesh at Amaravati. .. .Respondent/Complainant. Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent police to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.14 of 2020 of Police Station, Crime Investigation Department (CID), Andhra Pradesh, Amaravathi, Mangalagiri, Guntur District \A. No.1 of 2022 Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim anticipatory bail to the Petitioner in Crime No. 14 of 2020 ef CID Police Station, Amaravathi, Mangalagiri, Guntur District in the event of his arrest, pending disposal of CriP.No.7283 of 2022. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and the order of the High Court dated 14.09.2022 ,14-12-2022, 21.12.2022, 31.01.2023, 22.02.2023 , 27.03.2023 , 18.04.2023 , 05.05.2023 , 21.06.2023, 06.07.2023 , 10.08.2023 ,18.08.2023 & 14.09.2023 made herein and upon hearing the arguments of Smt S. Pranathi, Advocate for the Petitioner, Sri Y.N. Vivekananda SPL.PP CID EOWII for Respondent-State CRL.P.No. 7256 of 2022 Between: Ponguru Narayana, S/o late Subbaramaiah, 65y, D.No. 16-11-540, Haranathapuram, ist lane, Nellore, SPSR Nellore District. .. .Petitioner/Accused AND 2 , The State of Andhra Pradesh, Through Senior Executive officer, PS, CID, AP, Amaravathi, Mangalagiri, Rep. by its Special Public Prosecutor, CID "High Court of Andhra Pradesh at Amaravati ..Respondent/(Complainant Petition under Section 438 Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased fo grant interim anticipatory bail to the petitioner in Crime No. 15 of 2020 of CID police Station, Amaravathi, Mangalagiri, Guntur District, Pending disposal of CRLP No. 7256 of 2022, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the orders of the High Court dated 14.09.2022, 14.12.2022, 31.01.2023, 21.12.2022, 22.02.2023 , 17.04.2023, 21.06.2023 , 10.08.2023 , 18.08.2023 & 14.09.2023 made herein and upon hearing the arguments of Sri M Lakshmi Narayana Advocate for the Petitioner, Sri Y.N. Vivekananda SPL.PP CID EOWH for the Respondent CRIMINAL PETITION NO: 7492 OF 2022 ; Between: 4. Kondaiah Bala Subramaniam, Aged about 59 years, S/o Late Kondaiah Naidu, R/o.Doer.no.1-99-2/1, MIG-26, Sector-5, MVP Calony, Visakhapatnam 530017. 2. Kondaiah Vijaya, Aged about 63 years, W/o.Kondalah Bala Subramaniam, R/o Door no.1-99-2/1, MIG-26, Sector-5, MVP Colony, Visakhapatnam 530017. 3. Kondayya Venkatesh, Aged about 54 years, S/o.Kondayya, R/o Door no. 43-7-20, Railway Newcolony, Akkayyapalem, Visakhapatnam 530016. 4. PV Prabhakar Rao, P.\V.Prabhakar Rao, Aged about 49 years, S/o Venkayya Naidu, R/o Door No.2-48-10, FF 206, GR Empier Apartments, Sector No 11, Revenue Ward No 7, MVP Colony, Visakhapatnam (Urban), Andhra Pradesh 530017. 5. Paruchuri Venkayya Bhaskar Rao, aged about 56 years, S/o. Venkayya, R/o Door no. 49-54-8/12, Plot no-12, B.S. layout, P and T Colony, Seethammadhara, Visakhapatnam (Urban), Andhra Pradesh, 530013. 6. Paruchuri Sridevi, aged about 53 years, W/o.Paruchuri Venkayya Bhaskar Rao, R/o 49-54 8/12, Triveni Towers, BalayyaSastri Layout, Near Port Stadium, Seethammadhara, P and T Colony (VM), Visakhapatnam-$30013, Petitioners AND 1. The State of Andhra Pradesh, Represented by Superintendent of Police, CID, A.P., P.S., Amaravathi, Mangalagiri, Rep. Through the Spl. Public Prosecutor- CID, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. 2. Yelamati Prasad Kumar, Aged about 42 years, S/o. Late Chittaiah, Ro. Pedapalem Village, Duggirala Mandal, Guntur District, Andhra Pradesh. .Respondents/Complainant 3 Petition filed under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to Quash the FIR.No.14 Of 2020, Dated 27.02.2020 on the file of C.I.D AP (P.S), Amaravathi, Mangalagiri, Andhra Pradesh, in the interest of equity and justice while exercising its inherent jurisdiction under Section 482 of Cr.P.C. IA NO: 2 OF 2022 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal petition, the High Court may be pleased to grant stay of all further proceedings, including stay of arrest of the Petitioners herein in FIR No. 14 Of 2020, Dated 27.02.2020 on the file of C.1D AP (P.S). Amaravathi, Mangalagiri, Andhra Pradesh, Pending disposal of CRLP 7492 of 2022, on the file of the High Court. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and the earlier order of the High Court dated 21.09.2022 & 14.09.2023 made herein and upon hearing the arguments of Sri N. Ashwani Kumar, Advocate for the Petitioner, and of Sri Y.N Vivekananda SPL.PP CID EQWII for the Respondent-State CRIMINAL PETITION NO: 7493 OF 2022 : Between: 1. Bade Anjaneyulu, Aged about 62 years, S/o. Late Bade Chennaiah, R/o, 3-44/1 Flat No-204, Harsha Towers, Eenadu Layout, Sagar Nagar, Visakhapatnam (Urban), Andhra Pradesh - 530045. 2. Ghikkala Vijaya Saradhi, Aged About 46 Years, S/o ChikkolaVenkateswartu, R/o, 1-44-4/2, Hig-28 Gf-1, Sri Ganapathi Nivas, Sector-1, MVP Colony, Visakhapatnam, Andhra Pradesh - 530017. 3. Kotti Krishna Dorababu, Aged About 52 Years, S/o. KottiSudarsana Rao, R/o, Flat No-103, Rams Enclave, Kirlampudi LayOut, LB Colony, Visakhapatnam, Andhra Pradesh 530017. 4. Paluri Somanadha Rao, Aged About 63 Years, S/o. PaluriBrahmanandham, R/o. 6-23-1a, Purnanand Villa, Opp. VUDA Park, East Point Colony, ChinnaWaltair, LB Colony, Visakhapatnam, Andhra Pradesh, 530017. 5. Pidakaala Samson Vijay Prakash Raju, Aged About 67 Years, S/O. Late Pidakaala Samuel Jacob Raju, R/o. 2-15-38/4, Sector-9, Near Kailasgin Hill Foot, MVP Colony, LB Colony, Visakhapatnam, Andhra Pradesh 530017. §. Gottemukkala Venkata Vijaya Hari Varma, Aged About 56 Years, S/O. G Bairagi Raju, R/o. 55-43-2/1, Srinidhi Enclave, Doctors Colony, Seethammadhara, Visakhapatnam, Andhra Pradesh - 530013. 7, Koppireddy V RV GB Ramakrishna, Aged about 40 years, S/o. K Brahmaji Rao, RIO. 50-1-23, K S R Complex, D Block, FlatNo-301, Seethammadhara, P and T Colony (Vm), Visakhapatnam Andhra Pradesh - 530013 .. Petitioners 4 . AND 1. The State of Andhra Pradesh, Represented by Superintendent of Police, CID, A.P., P.S., Amaravathi, Mangalagiri, Rep. Through the Spi. Public Prosecutor-CID, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. 2. Yelamati Prasad Kumar, Aged about 42 years, S/o. Late Chittaiah, R/o. Pedapalem Village, Duggirala Mandal, Guntur District, Andhra Pradesh. ~Respondents/Complainant Petition filed under Section 482 of CrP.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Griminal Petition, the High Court may be pleased fo Quash the FIR.No.14 Of 2020, Dated 27.02.2020 on the file of CID AP (P.S), Amaravathi, Mangalagiri, Andhra Pradesh, in the interest of equity and justice while exercising its inherent jurisdiction under Section 482 of Cr.P.C. IA NO: 2 OF 2022 Petition filed «under Section 482 of CrP.C praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal petition, the High Court may be pleased to grant stay of all further proceedings, including stay of arrest of the Petitioners herein in FIR.No.14 Of 2020, Dated 27.02.2020 on the file of C.1.D AP (P,S), Amaravathi, Mangalagiri, Andhra Pradesh, Pending disposal! of CRLP 7493 of 2022, on the file of the High Court. ~ The petition coming on for hearing, upon perusing the Criminal. Petition and the memorandum of grounds filed in support thereof and the earlier order of the High Court dated 21.09.2022 & 14.09.2023 and upon hearing the arguments of Sri N. Ashwani Kumar, Advocate for the Petitioner(s), and of Sri Y.NVivekananda SPL.PP CID EOW!, for the Respondent No.1 CRIMINAL PETITION NO: 9916 OF 2022 : Between: Sri Kpv Anjani Kumar @ Bobby, S/o. Narayana Rao, Age. 48 yrs, R/o. H.No. 40-5/3-14A, Plot No. 103, HRT Sri Sai Apartment, Tekkil Road, syam Nagar, Vijayawada, Krishna District. . Petitioner/Accused AND The State Of Andhra Pradesh, Through Senior Executive Officer, PS: CID, AP, Amaravati, Mangalagiri, Represented by its Special Public Prosecutor, CID, High Court of Andhra Pradesh at Amaravati . Respondent Petition under Section 438 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 direct the respondent police to enlarge the petitioner on bail in the event of his arrest in cannection with Crime No.15 of 2020 of Police 5. Station, Crime Investigation Department (CID), Andhra Pradesh, Amaravati, Mangalagini, Guntur District {A NO: 1 OF 2022 Petition under Section 482 Crpc praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim anticipatory bail to the petitioner in Crime No. 15 of 2020 of CID Police Station, Amaravati, Mangalagiri, Guntur District pending disposal of the main Criminal Petition, Pending disposal of CRLP 9916 of 2022, on the file of the High Court. CRIMINAL PETITION NO: 9927 OF 2022 Between: ; Sri KPV Anjani Kumar @ Bobby, S/o. Narayana Rao, Age. 48 yrs, Rio. H.No, 40-5/3-14A, Plot No. 103, HRT Sri Sai Apartment, Tekkil Road, Syam Nagar, Vijayawada, Krishna District. .. Petitioner AND The State Of Andhra Pradesh, Rep. by its Deputy Superintendent of Police, CID, AP, Mangalagiri, Guntur District. . Respondent Petition under Section 438 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 direct the Respondent Police to release the Petitioner on bail in the event of his arrest in connection with the Crime No 14 of 2020 of Police Station Crime Investigation Department (CID Mangalagiri) Andhra Pradesh IA. NO: 1 OF 2022 Petition under Section 438 CrPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim anticipatory bail to the petitioner in connection with the Crime No 14 of 2020 of Police Station Crime Investigation Department (CID Mangalagiri) Andhra Pradesh pending disposal of the main criminal petition, Pending disposal of CRLP 9927 of 2022, on the file of the High Court. CRLP NO: 1263 OF 2023: Between: Ponguru Narayana, S/o. late Subbaramaiah, aged 66 years, R/o. Flat No.2600, Beilmount Block, Bellezza Apartment, Kukatpalli, Hyderbad- 500072. . Patitioner/Accused AND 1. The State of Andhra Pradesh, Through Senior Executive Officer, PS: CID, AP, Amaravathi, Mangalagiri, Represented by its Special Public Prosecutor, CID, High Court of Andhra Pradesh at Amaravati. Respondent/Complainant 8 2. Yellamati Prasad Kumar, S/o late Chitaiach, aged 41 years, R/o. Pedapalem Village, Duggirala Mandal, Guntur District. . Respondent Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the FIR No. 14 of 2020 of Police Station, Crime investigation Department (CID) Andhra Pradesh, Amaravati, Mangalagiri, Guntur District, registered for the offences its punishable under Sections 420, 409, 506, 109 r/w. 120(B) of IPC,Sec.3(1}(g) and (3)(2)(va) of SC and ST (PQA) Act, Sec.7 of AP Assigned Lands (Prohibition of Transfers) Act 1977 and section 13(2) riw 13(1})(c)and{d) of Prevention of Corruption Act 1988 [A No.2 of 2023: Petition under Section 482 of CrP.C., praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to stay ail further proceedings against the petitioner herein in FIR No. 14 of 2020 of Police Station Crime Investigation Department (CID, Andhra Pradesh, Amaravati, Mangalagiri, Guntur District, registered for the offences punishable under Sections 420, 409, 506, 109 rw. 120(B) of IPC, Sec.3(1)(g) and (3\(2}(va) of SC and ST (POA) Act, Sec.7 of AP Assigned Lands (Prohibition of Transfers) Act 1977 and section 13(2) rAw 13(1}(cjand(d) of Prevention of Corruption Act 1988 , Pending disposal of CRLP No. 1263 of 2023, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier orders of the High Court dated 21.02.2023 & 14.09.2023 and upon hearing the arguments of Sri Ram Babu Devarapu, Advocate for the Petitioner , Sri Y.N.Vivekananda SPL.PP CID EQWI for the Respondent No.1, CRLP NO; 1264 OF 2023 Between: Penguru Narayana, S/o. late Subbaramaiah, aged 66 years, R/o. Flat No.2600, Bellmount Block, Bellezza Apartment, Kukatpalli, Hyderbad-500072. _.Petitioner/Accused AND 1. The State of Andhra Pradesh, Through Senior Executive Officer, PS CID, AP, Amaravathi, Mangalagiri, Represented by its Special Public Prosecutor, CID, High Court of Andhra Pradesh at Amaravaiti. Respondent/Complainant 2. Nalluri Ravi Kiran, S/o late Kamalakara Rao, Aged 29 years, R/o D.No 4-14-A, Pedapalem Village, Duggirala Mandal, Guntur District. .. Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the FIR No. 15 of 2020 dated 03-03- 7 2020 of Police Station, Crime Investigation Department (CID) Andhra Pradesh, Amaravati, Mangalagiri, Guntur District, registered for the offences under Sections 420 r/w. 120-B of IPC, Sec.3(1)(g) and 3(2)(va) of SC and ST (POA) Act 2015, Sec.7 of. AP Assigned Lands biter of Transfers) Act 4977 and Sec.13(2) ohw. 13( (1)(c} and (d) of Prevention of Corruption Act 1988 IA No.2 of 2023: : Patition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High 'Court may be pleased to stay all further proceedings against the petitioner herein in FIR No. 15 of 2020 of Police Station Crime Investigation Department (CID, Andhra Pradesh, Amaravati, Mangalagiri, Guntur District. Pending disposal of CRLP No. 1264 of 2023, on the file of the High Court. Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier orders of the High Court at 21.02.2023 & 14.09.2023 made herein and upon hearing the arguments of Sri T VISHNU TEJA Advocate for the Petitioner, and of Sri Y.N. Vivekananda SPL.PP CID EOWII for the Respondent no.1, CRLP NO: 4573 OF 2023 Between: Balusu Srinivasa Rao, S/o. Venkata Rao, Aged.-5 0 Years, R/o. Door No. 10- 32, Seethanagaram Road, Edida, East Gedawari District, Now at Bangalore. Petitioner/Accused 7 AND 1. The State of Andhra Pradesh, Through Senior Executive Officer, PS. CID, AP, Amaravati, Mangalagiri, Rep.by its Special Publice Prosecutor, CID, High Court of Andhra Pradesh at Amaravati. Respondent/Complainant 2. Yellmati Prasad Kumar, S/o late Chittaiah, Aged.- 41 Years, R/o Pedapalem Village, Duggirala Mandal, Guntur District. Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the FIR No. 14 of 2020 of Police Station, Crime Investigation Department (CID) Andhra Pradesh, Amaravati, Mangalagiri, Guntur District, registered for the offences punishable under Section 420, 409, 506, 109 r/w. 120(B) of IPC, Sec.3(1)(g) and (3)(2)(va) of SC and ST (POA) Act, Sec. 7 of AP Assigned Lands (Prohibition of Transfers) Act 1977 and section 13(2) rw 13(1){c) and (d) of Prevention of Corruption Act 1988 IA NO: 1 OF 2023 Petition under Section 482 of CrP.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to stay of all further proceedings against the petitioner herein in FIR No. 14 of 2020 of Palice Station Crime 8 Investigation Department (CID, Andhra Pradesh, Amaravafi, Mangalagiri, Guntur District, registered for the offences punishable under Sections 420, 409, 506, 109 rw. 120(B) of IPC, Sec.3(1)(g) and (3){2)(va} of ST (POA) Act, Sec.7 of AP Assigned Lands (Prohibition of Transfers) Act 1977 and section 13(2) rAv 13(1)(cjand {dc} of Prevention of Corruption Act 1988, Pending disposal of CRLP 4573 of 2023, on the file of the High Court. ORDER :
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" At request of the learned counsel appearing on either side, post on 03.10.2023.
Interim orders granted earlier in all these Criminal Petitions, which were extended from time to time, are extended fill then." \ Sd/- U. SRI DEVI ASSISTANT REGISTRAR oN TRUE COPY! fo.
SECTION OFFICER To,
1. The Special Judge for SPE & ACB Cases-Cum-lll Addl. District and . Sessions Judge, Vijayawada, Krishna District.
2. The {V Addl. Junior Civil Judge, Guntur, Guntur District,
3. The S.H.O, CID Police Station, AP., Amaravati, Mangalagiri, Guntur District.
4. The Section Officer, Criminal Section, High Court of Andhra Pradesh.
senior Executive Officer, PS. CID, AP, Amaravathi, Mangalagiri, One CC to Sri M Lakshmi Narayana Advocate [OPUC] One CC to S.Pranathi, Advocate [OPUC] One CC to Sri. N. Ashwani Kumar, Advacate [OPUC} One CC to Smt Y L SIVA KALPANA REDDY SC-Cum-Spl.PP for CID [OPUC]
10.One CC to SRI. RAM BABU DEVAVARAPU Advocate [OPUC]
11.One CC to Sri T.MLK. Chaitanya, Counsel [OPUC}
12.One CC to SRL VV LAKSHMI! NARAYANA Advocate [OPUC]
13.Qne CC to SRI. Y_N.VIVEKANANDA SPL.PP CID EOWI Advocate fOPUC] 14,.One CC to SRI. T VISHNU TEJA Advacate [OPUC]
15. Two CCs to Advocate General, High Court of AP (OUT)
16. One spare copy © ONO HIGH COURT KSR,J DATED:25/09/2023 POST ON 03.10.2023 ORDER CRL.P.Nos. 7283 , 7256 , 7492, 7493, 9916, 9927 of 2022, 1263 , 1264 & 4573 OF 2023 INTERIM ORDER EXTENDED Le AND WSs fege™ LEN | ( 7 sepa 5 re