Andhra Pradesh High Court - Amravati
Cherukuri Ravi vs The State Of Ap on 14 May, 2020
Author: Battu Devanand
Bench: Battu Devanand
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAY OF MAY, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND IA No. 1 OF 2020 IN CRLP NO: 1967 OF 2020 Between: Cherukuri Ravi, S/o Ramesh, _..Petitioner/Accused (Petitioner in CRLP 1967 OF 2020 on the file of High Court) AND 4. THE STATE OF AP, through R.O, CID, Police Station, Andhra Pradesh Guntur District, Rep. by its Public Prosecutor, High Court of AP at Amaravati. 2. Uddaraju Purushothama Varma, S/o Rama Raju, R/o Kunchanapalli Village, Opp Panchayat Office, ThadepalliMandal, Guntur District. Native of H.No. 2-106, Agraharam, Podagatlapalli Village Ravulapalem Mandal, East Godavari District.Ph 8106060006 ..Respondents (Respondents in-do-) Petition under Section 482 of Cr.PC., praying that in the circumstances stated in the memo of grounds filed in Crl.P., the High Court may be pleased to stay of all further proceedings against the petitioner in FIR No.27 of 2019 of CID Police Station, Andhra Pradesh, Mangalagiri, Guntur District including arrest of the petitioner, pending disposal of CRLP No. 1967 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed in Cri.P., and upon hearing the arguments of Sri Srinivas Dammalapati Senior Counsel for Sri Ginjupalli Subba Rao, Advocate for the Petitioner, and of the Addl. Public Prosecutor for Respondent No.1, the Court made the following ORDER:
Heard Sri Srinivas Dammalapati, learned Senior counsel appearing on behalf of Sri Ginjupalli Srinivasa Rao, learned counsel for the petitioner on record and Sri Dushyantha Reddy, learned Additional Public Prosecutor for the respondent-State. Learned Senior counsel submits that a case was registered in FIR No. 27 of 2019 by CID Police Station, Mangalagiri, Guntur District on 28-12-2019 for the offences punishable under Sections 153-A, 504 and 506 of IPC and as per the submissions of the learned Senior counsel, the averments in the complaint dated 28-12-2019 made by the defacto complainant, the ingredients of Section 153-A of IPC are not attracted. The remaining Sections 504 and 506 of IPC are non-cognizable and bailable and he further submits that basing on the material available on record, this is a fit case for quashing the FIR. On the other side, Sri Dushyantha Reddy, learned Additional Public Prosecutor submits that FIR is not conclusive an everything will not be reflected in the FIR. After thorough investigation only facts will come into light and thereafter charge sheet wil! be filed. Further, the learned Additional Public Prosecutor submits that he is ready to produce the CD before this Court by Tuesday for perusal of the Court whether the offence under Section 153-A of IPC is attracted or not. 7 N \ a Considering the submissions of the learned Additional Public Prosecutor, this Court is of the opinion that this matter be listed on Tuesday for production of the CD along with transcription of the conversation in the CD. Post the matter on 19-05-2020, for production of the CD. In the meanwhile, to protect the interest of the petitioner, the 1° respondent is directed not to take any coercive steps till 20-05-2020. To, oe Oat Skm Sd/- K. Jaganmohan DEPUTY REGISTRAR ff HITRUE COPY! BY SECT OFFICR . The R.O, CID, Police Station, Andhra Pradesh Guntur District Uddaraju Purushothama Varma, S/o Rama Raju, R/o Kunchanapalli Village, Opp Panchayat Office, ThadepalliMandal, Guntur District. Native of H.No. 2-106, Agraharam, Podagatlapalli Village Ravulapalem Mandal, East Godavari District. Ph 8106060006 (BY RPAD) :
Two CCS to Public Prosecutor, High Court of A.P., at Amaravati (By Spl. Messenger) One CC to Sri. Ginjupalli Subba Rao, Advocate [OPUC] The Section Officer, Criminal Section, High Court of A.P., at Amaravati One spare copy HIGH COURT DEV,J DATED: 14/05/2020 ORDER IA. No. 1 of 2020 In CRLP.No.1967 of 2020 DIRECTION