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2024 Supreme(Online)(AP) 5553

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY , THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT:

THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO:1007 OF 2024 Between:

Atla Chandra Kala, W/o. Atla Emmanuel Reddy, 33 years, R/o.Mahendranagar, 2nd lane, Ongole, Ongole Town, Prakasam District, Andhra Pradesh-523001.

… Petitioner/De facto Complainant A n d

1. Atla Emmanuel Reddy, S/o. Atla Srinivasa Reddy, 36 years, R/o. Native of Door No.17-5-51, Rama Mandeer Road, Ayyappa Temple, Pavan School, Chirala, Prakasam District, Andhra Pradesh-523155. (A1)

2. Atla Srinivasa Reddy, S/o. Atla Bhikshalu Reddy, 56 years, R/o. Door No.17-5-51, Rama Mandeer Road, Ayyappa Temple, Pavan School, Chirala, Prakasam District, Andhra Pradesh-523155. (A2)

3. Atla Leelavathi, W/o. Atla Srinivasa Reddy, 51 years, R/o.Door No.17-5-51, Rama Mandeer Road, Ayyappa Temple, Pavan School, Chirala,, Prakasam District, Andhra Pradesh-523155. (A3)

4. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

… Respondents The Court made the following:

O R D E R

This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioner herein/de facto complainant to quash/set- aside the order passed by the II Additional Judicial Magistrate of the First Class, Ongole, Prakasam District in Crl.M.P.No.4348 of 2023 in C.C.No.1689 of 2019, dated 12.02.2024 and permit the petitioner herein/de facto complainant to engage one K.Jyothi Reddy, Advocate to conduct entire prosecution in C.C.No.1689 of

2019 or personally till the disposal of the case.

2. Brief facts of the case are that, marriage of petitioner and respondent No.1 was solemnized on 12.02.2011 and the marriage was consummated. Later, the petitioner herein/de facto complainant learnt that respondent No.1 contacted second marriage on 26.08.2014 with one Shivananje Gowda Rashmi without giving divorce to the petitioner herein/de facto complainant, with the support of A2 and A3. She also learnt that out of their wedlock, they were blessed with one Atla Daniel Reddy on

24.08.2015.

3. The petitioner herein/de facto complainant filed petition vide Crl.M.P.No.418 of 2018 under Section 302 CrPC on the file of the II Additional Judicial Magistrate of the First Class, Ongole in Crime No.62 of 2017 of Ongole Women PS to engage an Advocate to conduct prosecution either personally or by a pleader. On 07.05.2018, the learned Magistrate allowed the said petition accordingly as prayed by the petitioner herein/de facto complainant. Aggrieved by the said Order, the respondents herein preferred Criminal Revision Petition No.40 of 2018 on the file of the Principal District and Sessions Judge, Ongole, Prakasam District to set-aside the order passed in Crl.M.P.No.418 of 2018, dated 07.05.2018. The Revisional Court allowed the said revision on 30.01.2019 setting aside the above impugned Order to the extent of giving permission to the petitioner herein/de facto complainant to contest the matter by engaging counsel at that stage, with a liberty to the petitioner herein/de facto complainant to take steps at the time of further proceedings as per provision of law.

4. It is the further contention of petitioner herein/de facto complainant that she filed Crl.M.P.No.4348 of 2023 in CC No.1689 of 2019 at the stage of trial seeking permission to engage K.Jyothi Reddy, Advocate to conduct entire prosecution in C.C.No.1689 of 2019 as per the directions of the order passed by the Revisional Court in Crl.R.P.No.40 of 2018, dated 30.01.2019.

5. It is the further case of petitioner that while the said petition is pending, the petitioner herein/de facto complainant filed Criminal Petition No.6610 of 2023 before this Court seeking direction to the trial Court for expeditious disposal of C.C.No.1689 of 2019 and also filed Criminal Petition No.8113 of 2023 before this Court with the same prayer sought by her before the trial Court in Crl.M.P.No.4348 of 2023. This Court, on 14.09.2023 disposed the Criminal Petition No.6610 of 2023 directing the trial Court to dispose of C.C.No.1689 of 2019 within a period of four (04) months from the date of receipt of a copy of that order. Further, this Court on 22.12.2023 closed the Criminal Petition No.8113 of 2023 without prejudice to the right of the petitioner herein/de facto complainant to proceed with the petition filed under Section 302 CrPC and also to approach this Court, as per law, if there is any further cause of action.

6. It is the further contention of petitioner that the II Additional Judicial Magistrate of the First Class, Ongole dismissed the Crl.M.P.No.4348 of 2023 on 12.02.2024 observing that the petitioner did not take any steps for disposal of the case, as the petitioner herein herself approached the High Court to dispose of the case in C.C.No.1689 of 2019 within four (04) months.

7. It is the contention of the petitioner that she does not have interest to contest the C.C.No.1689 of 2019 by the Assistant Public Prosecutor and she intends to engage one K.Jyothi Reddy, Advocate to conduct entire prosecution in t

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