PASUPULETI PADMA VENKATA PADMAVATHI vs THE STATE OF ANDHRA PRADESH

APHC010115232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1811/2023 Between: Pasupuleti Padma @ Venkata Padmavathi and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.

G VAASUDEVUDU Counsel for the Respondent/complainant(S): 1.

PUBLIC PROSECUTOR (AP) ORDER : The instant petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the Petitioners/Accused Nos.1 to 9, seeking to quash the proceedings against them in C.C.No.1001 of 2022 on the file of the Court of Additional Junior Civil Judge, Repalle, registered for the offence punishable under Sections 448, 323, 509, 506 read with 34 of the Indian Penal Code.

2 2.

Sri G.Vasudevudu, learned counsel for the Petitioners and Ms.D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State.

3.

The case of the prosecution in brief is that on 07.05.2020 at about 07.00 p.m. while the complainant and her mother were present in the house, the Petitioners trespassed their house and beat the complainant with hands and legs.

Thereafter, the complainant was taken to hospital and based on the complaint of the complainant, a case has been registered and investigated into.

4.

Learned counsel for the Petitioners would submit that it is a counter case to the PLC No.93 of 2019, which was given by the family member of Petitioner No.5 before Repalle Mandal Legal Services Committee.

Thereafter, the present false case has been lodged against the Petitioners.

5.

Learned Assistant Public Prosecutor would submit that a verifiable material is there in the complaint.

Hence, it is not a fit case for quashment of the case.

6. e case.

6.

Considering the submissions made and a fair look at the complaint and material placed on record, this Court is of the view that it is not a fit case for quashment since as rightly said, there is verifiable material, which requires investigation.

This Court cannot conduct mini trial to decide the truth or otherwise of the contentions.

3 7.

At request of learned counsel for the Petitioners, at this juncture, the presence of Petitioners/Accused Nos.2, 4 and 6 before the trial Court is dispensed with, unless there is a specific direction by the trial Court for their presence on particular dates.

8.

In that view, the Criminal Petition is dismissed.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 07.05.2024 JLV 4 9 HON’BLE SMT.

JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1811 of 2023 Dt.07.05.2024 JLV