Andhra Pradesh High Court - Amravati
Lingapuram Papanna V Papanna vs The State Of Andhra Pradesh on 24 November, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
Sama [ 3163 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESbaY THE wey FOURTH DAY OF STEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY IA No. 2 OF 202 IN CRLP NO: 3850 OF 2020 Between: 1. Lingapuram Papanna @ V Papanna, S/o. Venkatesappa, aged about 37 years, R/o. Nallandalli Village, Thorlaki Post, Kolar District, Karnataka State. District. 2. Lingapuram Munemma, W/o. Venkatesappa, aged about 80 years, R/o. Nallandalli Village, Thorlaki Post, Kolar District, Karnataka State. District. 3. Lingapuram Venkatesappa, S/o. Papanna, aged about 85 years, R/o. Nallandalli Village, Thorlaki Post, Kolar District, Karnataka State. District. 4. Yeshodamma, W/o. Krishnappa, aged about 46 years, R/o. Ambedkar Nagar, Kattigenahally, IAF Post, Banglore North, Karnataka State. 5. Krishnappa, S/o. Govindappa, aged about 48 years, R/o. Ambedkar Nagar, Kattigenahally, IAF Post, Banglore North, Karnataka State. 6. Manjamma, W/o. Narayanappa, aged about 40 years, R/o. Ambedkar Nagar, Kattigenahally, IAF Post, Banglore North, Karnataka State. 7. Narayanappa, S/o. Bangayappa, aged about 45 years, R/o. Ambedkar Nagar, Kattigenahally, IAF Post, Banglore North, Karnataka State. ...Petitioners/Accused 1 to 7 (Petitioners in CRLP 3850 OF 2020 on the file of High Court) AND 1. The State of A.P., Rep. by its Public Prosecutor, High court of A.P. Amaravathi Guntur District (thorugh Mannur SHO) 2. Lingapuram Sarada, W/o. L. Papanna @ V.Papanna, D/o. Pilli Srinivasulu, aged about 29 years, R/o. Yerrabelli Village, Mannur Panchayat, Rajampet Mandal, YSR, Kadapa District , ...Respondents (Respondents in-do-) Petition under Section 482 of Cr.PC., praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to stay of all further proceedings in FIR.No.377 of 2018 dt: 21.09.2018 on the file of the Mannur Police Station, YSR Kadapa District under Sections 498 (A), 506, R/w 34 IPC and Sec. 3 & 4 of DP Act including arrest of the Petitioners, pending disposal of CRLP No. 3850 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and memorandum of grounds filed in Criminal Petition and upon hearing the arguments of Sri Ravula Nagarjuna, Advocate for the Petitioners and of Public Prosecutor for Respondent No.1, the Court made the following a ORDER:
Since this is a crime registered in the year 2018 and as it is stated by the learned Additional Public Prosecutor that all the material witnesses are already examined in this case during the course of investigation and the police are about to file charge sheet, at this stage, this Court do not see any valid ground to interdict the investigation or to stay further proceedings in the crime. Therefore, in the said facts and circumstances of the case, the relief sought by the petitioners to order for stay of further proceedings cannot be entertained.
However, as the offences registered against the petitioners are punishable with less than seven (07) years period of imprisonment, the investigating Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 case.
Sd/-P. VENKATA RAMANA"
ASSISTANT REGIST.
ITTRUE COPY// Me, For ASSISTANT REGISTRAR To, SO
1. The Station House Officer, Mannur Police Station, YSR Kadapa District
2. Lingapuram Sarada, W/o. L. Papanna @ V.Papanna, D/o. Pilli Srinivasulu, aged about 29 years, R/o. Yerrabelli Wee Mannur Panchayat, Rajampet Mandal, YSR, Kadapa District
3. Two CCS to Public Prosecutor, High Court of A.P., at Amaravati (OUT)
4. One CC to Sri. Ravula Nagarjuna Agvocate [OPUC]
5. One spare copy Skm HIGH COURT CMR,J DATED:24/11/2020 ORDER TA. No. 2 of 2020 IN CRLP.No.3850 of 2020 hy DIRECTION