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2024 Supreme(Online)(AP) 2217
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CRIMINAL PETITION NO: 989 OF 2019 Between:
1. P.SRINIVAS RAO ALIAS SRINIVAS S/o.Suryanarayana, Aged about 48 years, R/o.D.No.1-51, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
2. Penkey Gopala Krishna Rao S/o.Suryanarayana, Aged about 50 years, R/o.D.No.1-50, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
3. Penkey Satya Veni, W/o.Gopala Krishna, Aged about 45 years, R/o.D.No.1-50,Cheedigadibbala, Cheediga village,.
Kakinada Rural Mandal, East Godavari District.
4. Penkey Durga Surya Prasad, S/o.Gopala Krishna, Aged about 25 years, R/o. D. No.1-50, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
5. Pen key Lakshmi, W/o.Srinivasa Rao, Aged about 43 years, R/o.D.No.1-51, Cheedigadibbala, Cheediga village, Kakihada Rural Mandal, East Godavari District.
6. Penkey Madhukiran, S/o.Srinivasa Rao, Aged about 19 years, R/o.D.No.1-51, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
7. Penkey Satyavathi, W/olate Suryanarayana, Aged about 70 years, R/o.D.No.1-50, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
8. Pilli Satyavathi, W/o.Chandra Rao, Agedabout 55 years, R/o.D.No.1-58, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
9. Penkey Manga Devi, W/o.Suryanarayana, Agedabout 47 years, R/o.D.No.1-47, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
10. Vithanala Lova Lakshmi, W/o.Durga Prasad, Aged about 30 years, R/o.D.No.1-40, Cheedigadibbala, Cheediga village, Kakinada Rural Mandal, East Godavari District.
11. Ketha Harikrishna, S/o.Satyanarayana, Aged about 25 years, R/o.D.No.4-
266, Bullabbaireddy Colony, Cheediga village, Kakinada Rural Mandal, East Godavari District.
...PETITIONER(S)
AND:
1. STATE OF AP , represented by its Public Prosecutor High Court of Judicature of Andhra Pradesh at Amaravati.
12. Pidugu Pandu Ranga Rao, S/o.Rangayya, 2024:APHC:13038 Aged about 46 years, Occ. Panchayat Secretary, R/o.Indrapalem village, Kakinada Rural Mandal, East Godavari District.
...RESPONDENTS Counsel for the Petitioner(s): SRAVAN KUMAR NAIDANA Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER TARLADA RAJASEKHAR RAO THE HON’BLE SRI JUSTICE CRIMINAL PETITION No.989 OF 2019
ORDER:
The present criminal petition is filed to call for the records pertaining to FIR No.259 of 2018, dated 30.11.2018 on the file of Indrapalem Police Station, Kakinada Rural, East Godavari District wherein, the police has registered the crime for the offences punishable under Sections 447, 427, 332, 506 read with 34 IPC alleging that all the accused criminally trespassed into the burial ground by breaking the locks of the gate and tried to damage the tombs with an intent to occupy the burial ground.
2. There is a specific allegation with regard to the cognizable offence and it is duty of the police to investigate the case and lay the charge sheet and as held by the Apex Court in M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra1, this court cannot exercise the powers conferred under Section 482 of Cr.P.C., when the case is at a nascent stage.
3. Hence, this Court found no reasons to quash the FIR No.259 of 2018, dated 30.11.2018 on the file of Indrapalem Police Station, Kakinada Rural, East Godavari District.
4. Accordingly, the present Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.02.2024
255 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO CRIMINAL PETITION No.989 OF 2019 Date: 26-02-2024 DSV
