Kola Kiran Kumar vs State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1589

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Kola Kiran Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent

Advocates Appeared:
For the Petitioner: Dr Majji Suri Babu
For the Respondent: Devadass Balantha, Public Prosecutor (AP).

ORDER :

V. SUJATHA, J.

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in F.I.R.No.888 of 2019 of Vijayawada city, Patamata Police Station registered for the offences punishable under Sections 384, 385, 506, 306 read with Section 34 of Indian Penal Code (for short “IPC”).

2. The petitioners herein are accused Nos.2 and 3 in the FIR and the 2^nd respondent herein is the defacto complainant. On 28.12.2019, the 2^nd respondent herein has approached the S.H.O., of Patamata Police Station, Vijayawada stating that her husband named 'Prem Kumar' works as Rapido Bike Taxi and had taken an amount of Rs.6,00,000/- as loan from accused No.1. Though the respondent No.2 and her husband have repaid an amount of Rs.5,50,000/-, the accused No.1 is harassing them for more money, aggrieved by which the husband of the 2^nd respondent has submitted a report through 'Spandana'. It is further stated in the complaint that on 28.12.2019 at 08.00 a.m., the husband of the complainant told the complainant that he would drop their children at school and then go in search of the 1^st accused. Thereafter, the complainant's husband telephoned t