Andhra Pradesh High Court - Amravati
Jogi Veera Venkata Radhakrishna @ ... vs And on 3 February, 2021
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . WEDNESDAY, THE THIRD DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI 1A No. 1 OF 2021 IN CRLP NO: 83 OF 2021 ---- Between: -- 1. Jogi Veera Venkata Radhakrishna @ Radhakrishna@pandu, (A-1) S/o. Venkata Rao, Aged 56 years, R/o. Kalipatnam, West Panchayat, Mogalturu Mandal. 2 Jakkamsetti Edukondalu @Konda, (A-2) S/o. Maria, Aged 54 years, Rio. Kalipatnam, West Panchayat, Mogalturu Mandal 3 Jakkamsetti Balaji, (A-3) S/o.Kalikeswara Rao, Aged 36 years, R/o. Kalipatnam, West Panchayat, Mogalturu Mandal _..Petitioners/ Accused 1 to 3 AND State of Andhra Pradesh, Represented by its Public Prosecutor at High Court of Andhra Pradesh, Amaravati and SHO, Mogalturu P.S., West Godavari PS. .. .Respondent Counsel for the Petitioners: SRI K LN SWAMY Counsel for the Respondent: PUBLIC PROSECUTOR Petition under Section 439 (1) r/w 482 of CrPC praying that in the circumstances stated in the memorandum of grounds filed in support of the Crl petition, the High Court may be pleased to relax the condition of entering into the village until filing the charge sheet imposed on 22-01-2021 in Cri.P. 83/2021 may be relax, pending disposal of CRLP No.83 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
"This petition is filed seeking relaxation of the conditions imposed by this Court in Cri.P.No.83 of 2021, dated 22.01.2020, wherein this Court has directed the petitioners not to enter into the village i.e. Kalipatnam, West Panchayat, Mogalturu Mandal until charge sheet is filed and they shall appear once in a week i.e. on every Friday between 40.00 AM to 12.00 noon. Now the present petition is filed seeking to relax the said conditions.
2. Learned counsel for the petitioners submits that the wife of the 1st petitioner is contesting in MLC elections for the post of Surpanch of the village and the presence of the 1st petitioner is necessary to canvass on her behalf, as such prayed to consider their case.
3. Learned Additional Public Prosecutor submits that this Court has granted bail to the petitioner only on 22.01.2021 and charge sheet is also not filed in this case, as such opposes the petition.
4. Taking into consideration the submissions made by the learned counsel for the petitioners, this Court deems it appropriate to modify the conditions i.e. the petitioners not to enter into the village i.e. Kalipatnam, West Panchayat, To, SP oa Fe RN > ' Mogalturu Mandal until charge sheet is filed and they shall appear once ina week i.e. on every Friday between 10.00 AM to 12.00 noon". Accordingly, this Petition is allowed and the petitioners are directed to appear before the Station House Officer, Mogalturu Police Station, West Godavari District every day between 10.00 AM to 12.00 Noon, till the charge sheet is filed."
Sd/-E.KameswaraRao ASSISTANT REGI IITRUE COPY!/ 1 STRAR For SECTION OFFICER The Additional Judicial I Class Magistrate, Narsapuram, West Godavari District. The Superintendent, Sub Jail, Bhimavaram The Station House Officer, Mogalturu Police Station, West Godavari District One CC to Sri K.L.N.Swamy, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy HIGH COURT LKJ DATED: 03/02/2021 ORDER 1A No. 1 OF 2021 IN CRLP.No.83 of 2021 DIRECTION '= 4 FEB 2021