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2013 Supreme(AP) 455

NOUSHAD ALI
Veluru Prabhakar Reddy – Appellant
Versus
State of A. P. , rep. by its Principal Secretary, Home Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioner:P. Phalguna Rao, Advocate.
For the Respondents: Govt. Pleader for Home.

Judgment :

1. The petitioner, who is the de facto-complainant in crime No.38 of 2010, has filed this writ petition challenging the action of Respondent No.4 in filing the charge-sheet in S.C.No.164 of 2012 on the file of the District Sessions Court, Nellore, without recovery of stolen property, as illegal.

2. Briefly the facts are, the petitioner was married to one Smt.Yeramaka Sunandamma. They were separated in the year 1984 after the marriage was dissolved at the instance of the wife. Towards the end of 2009, Smt.Yeramaka Sunandamma joined the petitioner at Gudur on the pretext that she wanted to perform the second marriage of their son Santhan Sagar Reddy. One week prior to 15-04-2010, she went to Nellore and brought several people armed with deadly weapons and trespassed into the house of the petitioner on 15-04-2010. The petitioner was tied with ropes and after closing his mouth, they took away certain household articles, gold and silver ornaments and documents such as, Pattedar Passbooks, Stamp Papers, Pronotes, etc., A complaint to the said effect was lodged by the petitioner on 06-05-2010. The 04th Respondent after conducting investigation filed charge-sheet against Sunanda









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