Andhra Pradesh High Court - Amravati
V. Nookaraju vs The State Of Andhra Pradesh on 8 February, 2021
Author: Cheekat! Manavendranath Roy
Bench: Cheekat! Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKAT! MANAVENDRANATH ROY IA No. 2 OF 2021 IN CRLP NO: 684 OF 2021 Between: 1. V. Nookaraju, S/o. Chinnabbhai. 2. Jarra Chinnaraju @Chinnabbai. S/o. Potanna. 3. Gamparayl Bhaskar Rao, S/o. Lakshmanaiah. 4. V. Samual Jaya Ananda, S/o. Somaraju. Petitioners/Accused 4,5,6 & 7 AND 4. The State of Andhra Pradesh, Through the S.H.O., of Kancharapalem PS Visakhapatnam City Rep., by its Public Prosecutor High Court at Amaravathi. 2. Jarra Sujatha, D/o Venkata Ramana aged 25 yrs 36-97-37, Bajupi Nagar , Opp Deepthi Nursing Kancharapalem Viakhapatnam. ... Respondent/Complainant Counsel for the Petitioners: R SIVA SAI SWARUP Counsel for the Respondents: PUBLIC PROSECUTOR Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Stay of all further proceedings in F.|.R.NO.659/2020, dated 29.12.2020 on the file of S.H.O., of Kancharapalem PS Visakhapatnam including by taking any Coercive Steps as against the Petitioners /A4 to A7 till the disposal of the Main Quash Petition in the interest of the justice, pending disposal of CRLP No. 684 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:
"The contents of the F.I.R show that the principal offender in this case, who cheated the de facto complainant with a promise to marry her and thereby having sexual intercourse with her, is A-l. Therefore, he alone is responsible for the offences punishable under Sections 376 and 420 IPC. There are absolutely no allegations against these petitioners in the F.I.R, who are relatives of A-l. No offence is made out from the contents of the F.I.R against these petitioners for which the F.I.R is registered. Therefore, the petitioners could make out a prima facie case warranting interference of this Court to examine in the main Criminal Petition whether launching of criminal prosecution against the petitioners amounts to abuse of process of law or not. So, in the said facts and circumstances of the case, there shall be a direction to the Investigating Officer not to take any coercive steps including arrest against the petitioners, who are A-4 to A-7, till the next datg of hearing, while allowing the investigation to go on." PMA 9 . : TataRao 2 .
TRUE COPY! | saeiST NT REGISTRAR SECTION OFFICER --
To,
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Rw PR _ The Station House Officer, Kancharapalem PS Visakhapatnam City. Jarra Sujatha, D/o Venkata Ramana , R/o.36-97-37 Bajupi Nagar , Opp Deepthi Nursing Kancharapalem Viakhapatnam. (by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri. R Siva Sai Swarup Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravatif[OUT] One spare copy HIGH COURT CMRJ DATED:08/02/2021 LIST THE MATTER AFTER FOUR (04) WEEKS. IA No. 2 OF 2021 IN CRLP NO: 684 OF 2021 DIRECTION