APHC010394172023 IN THE HIGH COURT OF ANDHRA PRADESH [3327]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 680/2023 Between:

Thamma Srinivasa Reddy and Others ...PETITIONER(S)

A N D The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner(S):

1. RAJA REDDY KONETI Counsel for the Respondent:

1. PUBLIC PROSECUTOR (AP) The Court made the following:

O R D E R

This Criminal Revision Case was filed by the petitioners/

accused Nos.1 to 3 praying the Court to set-aside the Order of taking cognizance of the offence punishable under Section 306 read with 34 of the Indian Penal Code, 1860 (for brevity „IPC‟) against the petitioners/ accused Nos.1 to 3 vide PRC No.19 of 2023 by the learned II Additional Junior Civil Judge, Tenali pursuant to FIR in Crime No.140 of 2022 of Tsunduru Police Station.

2. The allegations that are leveled against the petitioners/ accused Nos.1 to 3 in the charge sheet, are as under:

(a) One Gangisetty Rama Krishna (hereinafter referred to, as „the deceased‟) was running a Transport Company under the name and style of SRMT and later, sustained loss in the said business; that the deceased came out of that business and with an intention to start his own business, bought two transport vehicles and used to run them and he took a loan of Rs.7.00 lakhs from accused No.1, who is his childhood friend, for its repair, maintenance and for business; that accused No.1 stated to deceased that he would run out of money for repairs and maintenance and made a proposal to him that he would bring four new vehicles in the name of accused No.2, who is relative of accused No.1 and would give two of the vehicles to the deceased; that the deceased took two Bolero vehicles vide bearing Nos.TS 09 UD 1972 and TS 09 UD 1973 and though the deceased paid a sum of Rs.3.00 lakhs towards its down payment, about sixteen months ago, the said two vehicles were registered in the name of accused No.2; that there occurred some delay in repayment of deceased entire loan of about Rs.7.00 lakhs to accused No.1 for his transport business, then, accused No.1 obtained signatures of L.W1/ Gangisetty Sujatha, L.W2/Gujjaralapudi Vinitha and the deceased on some white papers; that later the deceased went to L.W14/ Veeraboina Peddababu and expressed his inability to pay the installments to the said two vehicles and handed over them to him and took cash of Rs.2.00 lakhs and Rs.25,000/- towards driver charges and informed L.W14/Veeraboina Peddababu to pay the installments for the said two vehicles; that accused Nos.1 and 3 went to the house of L.W1/Gangisetty Sujatha, wife of the deceased, and demanded that deceased took loan of Rs.18.00 lakhs from accused No.1 and threatened them to register their house in the name of accused No.3; that accused No.2 went to the house of the deceased and threatened him to given the two vehicles as they were registered in his name; that when the deceased questioned accused no.1 about the issue, accused No.1 threatened the deceased to register the house in the name of accused No.3, at first, and thereby, accused Nos.1 to 3 threatened the deceased to kill him; that on 25.11.2022 at about 11.00 a.m. accused Nos.1 to 3 made a phone call to the deceased and threatened him to come to Pattabhipuram Police Station; that the deceased share the repeated threatening of accused Nos.1 to 3 to L.W1/Gangisetty Sujatha, L.W2/Gujjaralapudi Vinitha, L.W3/Gujjaralapudi Harikrishna and L.W4/Venkamsetty Sambasivarao; that the deceased bought one Tagquit Grass pesticide poison, locked the house doors, took a video on 19.11.2022 narrating the entire incident and consumed the pesticide by mixing it with liquor and committed suicide; that the deceased was shifted to the Government Hospital, Tenali; that the police recorded the statement of the deceased and it was registered as a case in Crime No.140 of 20