Andhra Pradesh High Court - Amravati
Manepalli Suresh, vs The State Of Andhra Pradesh, on 26 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY\* IA No. 2 OF 2021 - IN CRLP NO: 1137 OF 2021 Between: 1. Manepalli Suresh, S/o Parameshwar, Hindu, Aged about 36 years, private employee, R/o Apple Homes, Serilingampally, Grandeur, Cyberbad District, Telangana State. 2. Manepalli. Indira, W/o.Parameshwara Rao, Hindu, aged 53 years, house-wife, r/o. G block-411, Vambay Colony, Ajith Singh Nagar, Vijayawada-15. 3. Manepali Parameshwara Rao, S/o.Prakasha Rao, Hindu, aged 60 years, Retired employee, r/o. G block-411, Vambay Colony, Ajith Singh Nagar, Vijayawada-15. 4, Manepalli Sudhakar, S/o.Parameshwara Rao, Hindu, aged 34 years, private employee, Flat No.F3, Gokul Cas 2. Veerapuram Mahindra World City, Kanchepuram Dt., Chennai 603 002, Tamilnadu State. 5. Borugadda Suneetha, W/o.Rama Krishna, Hindu, aged 34 years, private employee, r/o. Door No.2- 5-9, Konagantivari Veedhi, Vangaya Gudem, Eluru, West Godavari Dt. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Manepalli Satya Kalyani, W/o. Suresh, Hindu, aged 35 years, private job, r/o. Plot No.303, PNV Residency, LBS Ngar, Payakapuram, Vijayawada. ...Respondents Counsel for the Petitioner: SRI B ASHOK KUMAR Counsel for the Respondent No.1: PUBLIC PROSECUTOR Petition 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 grant stay of all further proceedings in pursuant to the proceedings in F.IL.R.No.97/2020 registered under offences of Section 498-A of I.P.C. and 3&4 of Dowry Prohibition Act on the file of Nunna Police Station, Vijayawada City including appearance of the petitioners herein, pending disposal of CRLP No.1137 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER
"Having regard to the allegations set out in the F.I.R., this Court is of the considered view that the investigation shall go on. There are no valid grounds to order for stay of investigation. However, as the offences registered against the petitioners are punishable with less than seven years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41 A Cr.P.C. and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another((2014)8 SSC 273) case against A.1. Insofar as the other petitioners are concerned, who are A-2 to A-5, as it is stated that they are residing separately in other towns and cities and they are not living with the de facto complainant and A-1 and that they are also roped in a false case, there shall be a direction to the Investigation Officer not to take any coercive steps against A-2 to A-5 only till the next date of hearing." Sd/-T.Madhavj.
ASSISTANT REGISTR (TRUE COPY!/ é 7 SECTI ICER To, SP . The Station House Officer, Nunna Police Station, Vijayawada City, Krishna District.
. Manepalli Satya Kalyani, W/o. Suresh, Hindu, aged 35 years, private job, r/o. Plot No.303, PNV Residency, LBS Ngar, Payakapuram, Vijayawada. (by RPAD)
3. One CC to Sri B Ashok Kumar, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT}
5. One spare copy HIGH COURT CMRJ DATED: 26/02/2021 ORDER IA No. 2 OF 2021 IN CRLP NO: 1137 OF 2021 STAY a Mee, TT ane seen roe