Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 7, Cited by 0]

Andhra Pradesh High Court - Amravati

Smt Koya Shakuntala vs The State Of Andhra Pradesh on 7 July, 2025

V




     APHC010331452025


                        IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI




                         MONDAY, THE SEVENTH DAY OF JULY
                          TWO THOUSAND AND TWENTY FIVE


                                       PRESENT


                        HONOURABLE SRI JUSTICE HARINATH.N


                          CRIMINAL PETITION No.6872 of 2025

    Between:


           Smt. Koya Shakuntala, W/o.Venkateswara Rao, Aged about 58 years,
           R/o.D.No.3-37, Andhra Bank Road, East Ibrhimpatnam, Krishna District.

                                                      ...Petitioner/Accused No.2


                                        AND



       1. The State of Andhra Pradesh, Rep. by SHO, Jangareddygudem Police
          Station, Eluru District, Rep. by Public Prosecutor, The High Court of
          Andhra Pradesh, Amaravati.

                                                    ...Respondent/Complainant
       2. Koya Sai Lakshmi, W/o. Goutham Chakravarthy, Aged about 26 years,
          R/o. A.Polavaram Village, Jangareddygudem Mandal, Eluru District.

                                           ...Respondent/De-facto Complainant

         Petition under Section 528 of BNSS praying that in the circumstances
    stated in the Memorandum of Grounds of Criminal Petition, the High Court
    may be pleased to call for the records in F.I.R.No.382 of 2024 on the file of
    Jangareddygudem Police Station. Eluru District and quash the same so far as
    the petitioner is concerned.
                                                                                 4

lA NO: 2 OF 2025


     Petition under Section 528 of BNSS (under Section 482 of Cr.P.C)
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court may be pleased to stay of all further
proceedings including arrest of the Petitioner in F.I.R.No.382 of 2024 on the
file of Jangareddygudem Police Station, Eluru District.

Counsel for the Petitioner      : Sri S Dushyanth Reddy

Counsel for Respondent No.1: Public Prosecutor

Counsel for Respondent No.2: None Appeared

The Court made the following order:
 i




    V




        APHC010331452025
                              IN THE HIGH COURT OF ANDHRA PRADESH
                                           AT AMARAVATI                        [3457]
                                    (Special Original Jurisdiction)

                             MONDAY,THE SEVENTH DAY OF JULY
                              TWO THOUSAND AND TWENTY FIVE
                                           PRESENT

                           THE HONOURABLE SRI JUSTICE HARINATH.N
                               r.RIMINAL PETITION NO: 6872/2025

        Between:
                                                                               AGED
            1.SMT KOYA SHAKUNTALA, W/O.VENKATESWARA RAO
              ABOUT 58 YEARS, R/O.D.NO.3-37, ANDHRA BANK ROAD, EAST
              IBRHIMPATNAM, KRISHNA DISTRICT.
                                                            ...PETITIONER/ACCUSED

                                              AND


            1 THE          STATE   OF    ANDHRA        PRADESH,       REP.BY     SHO,
               JANGAREDDYGUDEM POLICE STATION, ELURU DISTRICT., REP.
               BY PUBLIC PROSECUTOR, THE HIGH COURT OF ANDHRA
               PRADESH, AMARAVATI

             2. KOYA SAI LAKSHMI        W/0. GOUTHAM CHAKRAVARTHY,              AGED
                                                R/0.     A.POLAVARAM       VILLAGE,
               ABOUT          26   YEARS,
               JANGAREDDYGUDEM MANDAL, ELURU DISTRICT.
                                                 .„RESPONDENT/COMPLAINANT(S):

         Counsel for the Petitioner/accused:
             1 .S DUSHYANTH REDDY

         Counsel for the Respondent/complainant(S):
              1.PUBLIC PROSECUTOR

          The Court made the following:
                                                2




    ORDER:

-

Th© l6arned couns©! for th© p©tition©r submits that th© p©tition©r is arraign©d as accus©d No.2 in Crim© No.382 of 2024 on th© fil© of Jangar©ddigud©m Polio© Station.

2. It is submitt©d that th© 2"^^ r©spond©nt initially fil©d a complaint against h©r moth©r, fath©r, broth©r, and anoth©r rolativ©, alloging off©nc©s und©r S©ctions 448, 509, and 506 r/w 34 of th© IPC. Aft©r inv©stigation, th© polio© fil©d a charg© sh©©t, and th© sam© was tak©n on fil© as C.C.No.3451 of 2020 f I on th© fil© of th© l©arn©d IV Additional Chi©f M©tropolitan Magistrat©, Vijayawada.

3. It is furth©r submitt©d that th© husband of th© 2"^^ r©spond©nt fil©d a complaint b©for© th© Ibrahimpatnam Polio© Station on 10.09.2024 and a woman missing cas© was r©gist©r©d vid© Crim© No.458 of 2024. It is submitt©d that soon aft©r th© 2"'^ r©spond©nt fil©d th© pr©s©nt complaint, alleging offences under Section 85 r/w 3(5) of BNS and Sections 3 and 4 of th© Dowry Prohibition Act. It is also submitted that th© 2""* respondent is psychologically unstable and is taking medication.

4. It is submitted that th© present complaint has been filed only to wreak vengeance against th© petitioner. Th© learned counsel for th© petitioner further submits that th© police have issued a notice under Section 35(3) of Cr.P.C. It is also submitted that the allegations are omnjbus and vague, lacking in specific details.

3

5. Considering the submissions, the police have issued a notice under Section 35(3) of Cr.P.C. to Accused No.2. The police are also directed to take into consideration the submissions of the petitioner, as well as the charge sheet filed in the earlier complaint filed by the 2 nd respondent against her parents, and proceed to file the final report in accordance with law.

6. Accordingly, the Criminal Petition is disposed off.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.


                                                             Sd/- SHAIK MOHD. RAFI
                                                            ASSISTANT REGISTRAR
                                       //TRUE COPY//
                                                                         If/
 To                                                                SECTION OFFICER

1. The IV Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.

2. The Station House Officer, Ibrahimpatnam Police Station, Vijayawada City, Krishna District.

3. The Station House Officer, Jangareddygudem Police Station, Eluru District.

4. Two CCs to the Public Prosecutor High Court of Andhra Pradesh, Amaravathi[OUT]

5. One CC to Sri S Dushyanth Reddy, Advocate [OPUC]

6. Two CD Copies TK sree <5^ HIGH COURT DATED:07/07/2025 ORDER CRLP No.6872 of 2025 DISPOSING OF THE CRIMINAL PETITION