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PENDING

MOGILI CHAITHANYA vs THE STATE OF ANDHRA PRADESH

Case NumberCRLP 5605/2023
Date of Filing1 Aug 2023
Case TypeCRLP
Last Hearing--
State--
City--
Year of Filing2023

Party Details

Petitioner
  • MOGILI CHAITHANYA
  • Mogili Mallaiah
  • Mogili Padmaja Thimmasarthi Padamaja
  • Koneru Kranthi Mogili Kranthi
  • T Madhavarao Timmasarthi Madhava Rao
Respondent
  • THE STATE OF ANDHRA PRADESH
  • Thimmasarthi Sowjanya

Case Summary

MOGILI CHAITHANYA and Mogili Mallaiah filed Case No. CRLP 5605/2023 in the High Court Of Andhra Pradesh on 1 Aug 2023 against THE STATE OF ANDHRA PRADESH and Thimmasarthi Sowjanya. The case is currently pending. 1 order has been issued in this matter.

Orders (1)

Judgement DetailsView full order PDF ↗

1 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO.5605 of 2023 ORDER:- This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed by A1 to A5, to quash the Proceedings in Crime No.123 of 2023 of Disha PUPS, Guntur, Guntur District, registered for the offences punishable under Sections 498-A, 506 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act.

2.

Learned counsel for the petitioners/A1 to A5, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the coercive action by the police.

3.

On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioners herein and truth or otherwise of the said accusations has to be gone into by the investigating agency.

4.

Heard.

Perused the record.

5.

Since truth or otherwise of accusations that have been made in the FIR as against the petitioners herein can be gone into, by the investigating agency, this Court, in a petition filed under Section 482 Cr.P.C., would not be in a position to go into 2 the disputed questions of fact and quash the proceedings at this stage.

6.

In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein.

However, the police concerned are directed to conduct investigation without taking any coercive steps against the petitioners herein/A-1 to A5.

7.

With the above observation, the Criminal Petition is disposed of.

As a sequel thereto, miscellaneous applications, if any, pending in this Criminal petition, shall stand closed. __________________________________ JUSTICE K.SREENIVASA REDDY Date:03.08.2023 GR 3 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION No.5605 of 2023 Date: 03.08. te: 03.08.2023 GR 4 Learned counsel for the petitioners after arguing for some time confined his argument to the extent of protecting the petitioners from police since all the offences alleged against the petitioners are punishable with imprisonment below seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 41-A Cr.P.C.