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2023:APHC:43887 HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CRIMINAL PETITION NO: 4359 OF 2023 Between:
1. D.R. Jyothiram, S/o. D. Radha Krishna, Aged 50, R/o. Door No. 28-577, Ganganapalle, Chittoor Town and District, Andhra Pradesh.
...PETITIONER(S)
AND:
1. Sriram Chandrasekhar @ Chintu, S/o. Subramanyam Naidu, Aged 45, R/o. D.No.28-761/1, Kannaiah Naidu Colony, Chittoor Town and Mandal.
2. Govindaswamy Srinivasaiah Venkatachalapathi @ Mulbhagal Venkatesh @ Rezar Venkatesh, S/o. Srinivasaiah, Aged 51, R/o. D.No. 17, Someswarapalya, Mulbhagal, Kolar District, Karnataka State.
Native of Veluduru village, Obili Srinivasapuram Taluk, Kolar District, Karnataka State.
3. Kottevalla Jayaprakash Reddy @ Jaya @ Reddy, S/o. Munirathnam, Aged 23, R/o. Vinayaka temple, Ganganapalle, Chittoor town, and Mandal.
4. Thoti Manjunadh @ Manju, S/o. Munichowdappa, age 27 years R/o. Maredupalle village and panchayath, Gangavaram Mandal, Chittoor district.
5. Munirathnam Venkatesh @ Mala Venkatesu @ Ganganapalle Venkatesu, S/o. Munirathnam, Aged 39, R/o. D.No.28-660, Ganganapalle, Chittoor town and Mandal.
6. S. Murugan @ Muruga, S/o. Subramanyam, aged 41, R/o. D.No.5-1004, Subhashchandrabose Street, Santhapeta, Chittoor.
7. Venkata Yoganandam, S/o. RCV Subbaiah Setti, age 35 years, R/o. K.C.
Garden, S.P. Bungalow Road, Kongareddipalle, Chittoor town and Mandal.
8. K. Parandama, S/o. M.S.Kannan, age 30, R/o. Ganganapalle, Chittoor town.
9. Yellamandala Haridasu, S/o. M.Chinnabba Naidu, aged 44, R/o.
Mattampalle village, Kalavakunta, Penumuru Mandal, Chittoor District.
10. Ruppala Chandrasekhar @ Mogili, S/o. Kuppala Radhakrishna, aged 42 R/o. D. No.28-652, Ganganapalle, Chittoor town.
11. Nataraja Sasidhar, S/o. Nataraja Gurukul, aged 42, R/o. D.No.322, 7th Cross, DMBR layout, Bounsvadi, Bangalore. Native of Someswarapalya, Mulbhagal, Kolar district, Karnataka State.
12. Mallamgunta Sreenivasulu Yoganand, S/o. Sreenivasulu Naidu, aged 49, R/o. D. No.2-959, Postal colony, Kongareddypalle, Chittoor Town.
13. D. Nagesh Babu @ RVT Babu, S/o. D.Gangi Reddy, aged 38, R/o.
D.No.31-85/2, LIC colony, Kothaindlu, Punganur, Chittoor District.
14. Bandolla Lokesh, S/o. Nagulappa @ Nagulu, aged 23, R/o. Dandupalem village, Punganur Mandal, Chittoor district.
15. Para Raghupathi, S/o. Venkateswarlu Naidu, aged 29, 2023:APHC:43887 R/o. Dandupalem village, Punganur Mandal, Chittoor district.
16. Gullanna Nagaraju, S/o. G.Muni Venkatappa, aged 30, R/o. Durgasandram village, Mulhagal Taluk, Kolar district, Karnataka State.
17. Keelapatla Venkata Anand Kumar, Sio. Venkataramana, aged 38, R/o. Katiperi village, Chowdepalle Mandal, presently residing beside Market Yard, Punganur, Chittoor district.
18. Baddela Kamalakar, S/o. B. Ekambaram Naidu, aged 45, DGM in Narayana Educational Institutions, Gorivigiri, Kadugudi Main road, Bangalore, residing at Plat No.302, A-Block Tower-I, AWHO Apartments, Kadugudi main road, Bangalore.
19. Ramakrishnan Rajanikanth @ Rajini, S/o. Late K.M. Ramakrishnan, aged
38, R/o. D.No. 14-587, New Kayanikattu street, Chittoor.
20. Thutala Kuppaswamy Narendrababu @ Narendra, S/o. T.S.Kuppuswamy, aged 41, R/o. D.No.27-960, Palamaner Road, Chittoor town.
21. S . Srinivasachar @ Srinivasachary, S/o. Seshachar, aged 79, R/o. Diguvapalle village, Chinthamani taluk, Chikballapur District, Karnataka State.
22. Kasam Ramesh, (Discharged) S/o. K. Narayana, aged 40, R/o. D.No.5-731, Muthyalamma temple street, Srikalahasthi.
23. Thirupathur Govindarajan Suresh @ I.G. Suresh @ Bullet Suresh, aged 50, S/o. T.G.Sreenivasan, R/o. D.No.27-1092, Telephone colony, Chittoor town and Mandal.
24. The State of Andhra Pradesh, (Chittoor I Town Police Station) Rep. by its Public Prosecutor, High Court Buildings, Nelapadu, Amaravati.
(Respondents 1 to 5, 7 to 23 are not necessary parties, as they reported no counter before the Sessions Court)
...RESPONDENTS Counsel for the Petitioner(s): P SAI SURYA TEJA Counsel for the Respondents:
The Court made the following: ORDER
2023:APHC:43887 THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI Crl.P.No.4359 of 2023
ORDER:
This criminal petition is filed under Section 482 Cr.P.C against the order dated 03.04.2023 dismissing the petition in Crl.M.P.No.196/2023 in Sessions Case No.110 of 2016 on the file of the Court of VI Additional District and Sessions Judge-Cum-Special Court for Trial of Offences Against Women, Chittoor, filed by the brother of the 1st deceased under Section 301 (2) Cr.P.C.
2. Heard Sri P. Sai Surya Teja, learned counsel for the petitioner, Sri D. Purnachandra Rao, learned counsel for the respondent Nos.1 to 23 and Sri Y. Jagadeeswara Rao learned Special Public Prosecutor representing for the respondent No.24.
3. The facts leading to filing of petition as briefly as follows:-
The trial in Sessions Case No.110 of 2016 is being held for the offences punishable under Sections 147, 148, 302, 307, 326, 120-B, 109 r/w 149 IPC, Sections.212, 216, 201 IPC, Section.25(1A), Section.25(1AAA), Section.25(1B)(a), Section.25(1B)(c), Section.27(3) & 30 of the Arms Act, 1959, in Cr.No.130/2015 of Chittoor I Town PS, in respect of the death of two persons, namely, Smt Katari Anuradha and K. Mohan. The
2 Crl.P.No.4359 of 20220233 :APHC:43887 petitioner who is the brother of Smt K. Anuradha/L.W-8 to engage private counsels Sri K.S. Jayaram, Sri V.R. Ramakrishna, Sri B. Murali Krishna, Sri A. Jyothiram and Sri K. Thulasiram to assist the prosecution in the above case and also to submit the written arguments on behalf of the petitioner. The petitioner stated that the case contains voluminous record and several legal aspects to be brought before the Court to establish the guilty of the accused and whereas the case is coming up for examination of witnesses from 17.02.2023, and therefore, the petitioner desired to engage the advocates to assist the Public Prosecutor and in order to do so i.e., to conduct case effectively, the petitioner engaged the services of private advocates by names K.S. Jayaram, V.R. Ramakrishna, B. Murali Krishna, A. Jyothiram and K. Thulasiram to assist the prosecution and also to submit the written arguments on behalf of the petitioner.
4. The learned counsel for the respondents No.1 to 5, 7 to 21 and 23 before the trial court reported no counter. The 6th respondent/A6 filed a counter opposing the petition contending briefly as follows:
5. The respondent denied the averments in the petition and further stating that the provision U/s 301 (2) Cr.P.C permits that
3 Crl.P.No.4359 of 20220233 :APHC:43887 any private person can instruct pleader who can act on the direction of the Public Prosecutor and also submit written arguments with the permission of the Court and that section 225 Cr.P.C says that trial shall be conducted by the Public Prosecutor and in every trial before Court of Session, the prosecution shall be conducted by Public Prosecutor and it is further stated it is exclusive prerogative of the state to conduct such prosecution through its agent, that is, Public Prosecutor, and therefore, no other person, much less any other advocate has any locus or any right to plead on behalf of the prosecution and conduct the case. Thus the 6th respondent prayed to dismiss the petition.
6. The learned Additional Public Prosecutor representing the State also reported no counter.
7. After hearing of the parties, the trial court dismissed the petition observing that the deceased, Smt A. Anuradha, is a married woman and the law of inheritance applicable to her is section 15 of the Hindu Succession Act as per which the brother who is the petitioner is not the legal heir since she left behind her a daughter and further her son, by name, Praveen, is also cited as LW3 but died during the pendency of the case, and therefore, the trial court held the opinion that as per section 2(wa) Cr.P.C, the petitioner is
4 Crl.P.No.4359 of 20220233 :APHC:43887 not ‘victim’ and cannot file this application. The trial court further observed that the petitioner sought to engage services of many advocates, and that section 301 (2) Cr.P.C allows a private person
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