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Andhra Pradesh High Court - Amravati

Addanki Venkanna Babu vs The State Through S.H.O, on 21 January, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE TWENTY FIRST DAY OF JANUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

   
 

i
8,

IA No. 1 OF 2020
IN
CRLP NO: 6049 OF 2020
Between:
4. Addanki Venkanna Babu, S/o late Veeraraghavulu, Hindu, Aged 37 years,
Cultivation, R/o Sulthanagarm Village, Machilipatnam Mandal, Krishna District.
2. Addanki Venkateswaramma, W/o Late Veeraraghavulu, Cultivation, R/o
Sulthanagarm Village, Machilipatnam Mandal, Krishna District.
...PETITIONERS/
PETITIONERS
AND
4. The State through S.H.O, Bandar Taluka Police Station, Machilipatnam, Krishna
District, rep by its public prosecutor, High court of A.P. Amaravathi.
2. The Mandal Executive Magistrate and Tahsildar, Machilipatnam Mandal, Krishna
District.
3. Arepalli Venkata Prasad, S/o.Janakiramaiah, Hindu, Aged 53 years, Cultivation
R/o.Sulthanagaram Village, Machilipatnam Mandal, Krishna District.
...RESPONDENTS/
RESPONDENTS
Counsel for the Petitioners :SRI NARASIMHA RAO GUDISEVA

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 Criminal Petition, the High Court may be pleased
to suspend the order in M.C.245/2020 date.30-11-2020 passed by 2" respondent

pending disposal of main criminal petition, pending disposal of CRLP No.6049 of 2020,
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 impugned order passed by the Mandal Executive Magistrate in M.C.No.245 of 2020 under Section 145 Cr.P.C is mainly challenged in this petition on the ground that the competent civil Court has already granted a temporary injunction in respect of the property in question in favour of the petitioners and as such the Mandal Executive Magistrate cannot pass a prohibitive order in respect of the said property. | Therefore, in the said facts and circumstances of the case, there shall be interim suspension of the impugned order till the next date of hearing." A Sd/-K.TataRao ASSISTANT R ITRUE COPY!/ For SECTION OFFICER _ _ The Principal Junior Civil Judge, Machilipatnam, Krishna District. _ The Station House Officer, Bandar Taluka Police Station, Machilipatnam, Krishna District.

_ The Mandal Executive Magistrate and Tahsildar, Machilipatnam Mandal, Krishna District.

_ Arepalli Venkata Prasad, S/o.Janakiramaiah, R/o.Sulthanagaram Village, Machilipatnam Mandal, Krishna District. (by RPAD- along with a copy of petition and memorandum of grounds)

- One CC to Sri. Narasimha Rao Gudiseva, Advocate [OPUC]

- Two CCs to Public Prosecutor, High Court of AP [OUT] . One spare copy.

HIGH COURT CMR,J DATED:21/01/2021 ORDER 1A No. 1 OF 2020 IN CRLP.No.6049 of 2020 INTERIM DIRECTION 27 JAN 2001