Andhra Pradesh High Court - Amravati
Unknown vs 9.03.2022 on 9 March, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No:CRL.P.No.1608 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
01. 09.03.2022
DR, J
CRL.P.No.1608 of 2022
Notice to the respondents.
Learned counsel for the petitioners is permitted to take out personal notice to the 2nd respondent by Registered post with acknowledgment due and file proof of service into the Registry.
The petitioners are Accused Nos.5 & 6. Aggrieved by the Docket order dated 01.10.2021 issued in C.C.No.617 of 2018 by the Additional Junior Civil Judge, Repalle, they approached this Court. The abovementioned Docket Order reads as follows:-
"Perused the protest petition coupled with the sworn statements of the complainant and her father. The sworn statements, particularly of the complainant categorically show prima facie case against A1 to A6 for the offence under Section 498- A of IPC and Section 3 and 4 of DP Act. Hence, this court has taken cognizance of the offence under Section 498-A of IPC and Section 3 & 4 of DP Act against A1 to A6.
Issue summons to A1 to A6. Call on 22.1.2022."
The learned counsel for the petitioners has submitted that the respondents, after investigation, based on the evidence of LWs 5 to 8, have filed Charge Sheet stating that the allegations levelled against A2 to A6 are found no way concerned with the offence as they are staying separately at distant places without the interference of the family matters SL. DATE ORDER OFFICE NO. NOTE of A1 and thus they neither participated nor associated the A1 in the commission of the offence and hence accusation against the A2 to A6 was ruled out based on the merits of investigation.
While considering the application filed by the nd 2 respondent under Section 190 of Cr.P.C, the Court below, without considering the merits of the Charge Sheet, only by taking into account the sworn affidavit of the 2nd respondent has issued summons which is contrary to the observations made by the Hon'ble High Court for the combined State of Andhra Pradesh in case between S.Bala Krishna v. The State of Telangana and others1 and also the observations made by the Hon'ble Apex Court in case between Minu Kumari and others v. The State of Bihar and Others2.
Considering the submissions and on perusal of the docket order and also the observations made by the Hon'ble Apex Court in the abovementioned cases, there shall be stay of all further proceedings in pursuance of C.C.No.617 of 2018, on the file of the Additional Junior Civil Judge, Repalle, in so far as petitioners herein are concerned.
Post this case after four (04) weeks.
___________ D.RAMESH,J PA.
1 2017 (1) ALD (Crl.) 662 (AP) 2 2006(2)ACR1714(SC) SL. DATE ORDER OFFICE NO. NOTE