Andhra Pradesh High Court - Amravati
Polavarapu Avinash vs The State Of Andhra Pradesh on 9 December, 2022
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
(4208 } IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI PRIDAY THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT: THE HONQURABLE SRI JUSTICE R RAGHUNANDAN RAG CRIMINAL PETITION NO: 8783 OF 2022 Retwean: Folavar rapu Avinash, S/o Venkata Rao. Aged about 22 years, Rio Pe rareddypall Vilage, 'Atmakur Mandal, & SPSR Natiore District Patitioneriaccused No.l? AND The Stele of Andhra Pradesh, Rap. by is Public Prosecutor, Nigh Court of Andhra Pradesh, Amaravathi ns x. Laskale Nerish Rabu, S/o Verkaleswarls, Aged about 21 years, Rio Veernakollu ' Vilage, kaligin Mandal, SPSR Nellore District Respondents Patiion under Saction 482 of Cr P.O, praying that in the circumstances siated in the affidavit fled in suppert of the CrminalPetiion, the Nigh Court may be pinasead n Guash the wn ire proosecings against the petioners in CO No. 7 739 of 2020 on the e of Hon'ble # Additional Judicial Magistrate of First Class, Natora, SPSR Nellore Distr ot, bang in n abuss of process of law and Gaurt . iA NO: 2 OF 2022 Patition under Section 482 of Cr. P.O praying that in the circumstances stated in the afidayd fled in suppor of the pelition, the High Court may be pleased to siey all further proceedings in OC No. P&G of 2020 on the Me a Hon'ble Hl Addit Judicial Magistrate of First Class, Nadlors, SPSR Nellore District, Panding di ieposa ai 'of ORLP 8763 of 2022. on the fle of the High Court. The petiiien coming on for hearing, upon perusing the Petifion ard the affidavit filed in supsert thereof and upon hearing the arguments of Sri SHVAPRASAD REDDY VENAT) Advocate for the Peifioner and of Public Prosecutor far the Respondent No.1, the Court mada the following. ORDER
"The allegation against the pefifioner is that he is sald fp have participated in the baating of the de facto-compiainant af a sheep farm. The only witness te this fact is said to be the de facto-compisginant who gave a sfatement on 27.08.2021 before the Sub-inapector of Police stating that 9 persons had beaten Alm in the sheep funn. The names of these 9 persons were alsa given. The name of the petitioner, whe is arrayed as accused Noy is net shown In the said statement. A subsequent statement was again recorded, under Section 1¢7 of Cr.P.C., on the very same day is., 27.06.2024, This statement only means that about YO persons had beaten the de facto- compisinant, However, no Names were shown in this statement in the circumstances, the inclusian of the petitioner as accused No, 17 would raquire further consideration. Accordingly, there shall be stay of all further proceedings againal the petitioner in C.C.No.759 of 2080 on the fle of 1 Additional Judicial Magistrate of First Class, Neflore, pending further orders. . Sdi- SK. MD. RAFI Past on 03.02.2083." ASSISTANT REGISTRAR ca A a Es SECTION OFFICER TRUE COPY S Fey,
4. The} Addiianal Judicial Maqiirate of First Class, Netora.
2. Lekkala Harish Babu, fo Venkaiesw ant, Agad about 31 years, Re Yearmakollu Vilage, Katgit Mandal, SFSR Nellore Cistrict. (Addresses 1 fo 2 by RPAD along with a copy of pelition and memorandisn of grounds) S One fC in SRE SIVAPRASAD REODY VENAT! Advorate [ORUC} & Twe OCs fo PUBLIC PROSECUTOR, High Court of A. PIOUT)
5. One spare copy.
a SHGH COURT ARRAS CA TEOUIH 2f20e2 POST ON 09.02.2023 ORDER GRLE.Na.Si83 of 2022 STAY