IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2825 of 2025 Between: Masjid Mahammad Hussain, S/p. M. Rahamthulla, Aged 44 years, Occ; Daily Wage Worker, R/o.D.No.23-147, Back side Jamia Mask, Rayachoti Post and Town, Annamayya District. Masjid Shamsheer Ali, S/o. S/o. M. Rahamthulla, Aged 44 years, Occ: Daily Wage Worker, R/o.D.No.23-147, Back side Jamia Mask, Rayachoti Post and Town, Annamayya District. 1. 2. .PETITIONERS/ACCUSED NOS.1 & 2 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT Shaik Apsana Begum, W/o. Shaik Iliyas Basha, Aged 48 years, Occ: Housewife, R/o. D.No. 5/140-3-1, JP Nagar, Reddy's Colony, Rayachoty Town and Mandal, Annamayya District. ...RESPONDENT/DE-FACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings in C.C. No.32 of 2025 on If St the file of Court of Hon'ble Additional Judicial Magistrate of 1 Rayachoty, Annamayya District. Class at I.A. NO: 2 OF 2025 Petition under Section 528 of' BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the appearance of the Petitioners in C.C. No.32 of 2025 on the file of Court of Hon'ble Additional Judicial Magistrate of 1®* Class at Rayachoty, Annamayya District, pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pala Karthi Kiran, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and npne appeared for the Respondent No.2. ■J’. The Court made the following ORDER : APHC010128592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3457] TUESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2825/2025 Between; Masjid Mahammad Hussain, and Others ...PETITIONER/ACCUSED{S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.PALA KARTHIKIRAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: r THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2825 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that the petitioners were arraigned A.1 & A.2 in C.C. No.32 of 2025 on the file of the Additional Judicial Magistrate of First Class at Rayachoty for the alleged offences under Sections 79, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The learned counsel for the petitioners submits that the petitioners and the 2"*^ respondent have disputes over the site, which is adjoining the house of the 2^^ respondent. It is submitted by the learned counsel for the petitioner that the husband of the 2^^^ respondent had filed O.S. No.257 of 2024 on the file of the Principal Junior Civil Judge, Rayachoty, seeking cancellation of the sale deed and also for specific performance of agreement of sale, dated 20.02.2021. It is submitted that on account of the civil disputes, the 2"^^ respondent has filed a false complaint. Upon considering the submissions of learned counsel for the petitioners, this Court, without going into the merits of the case, is inclined to dispose of the criminal petition at the request of the counsel for the petitioners. The petitioners are directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 4. p (B.N.S.S.) before the learned Magistrate. On such apptication, the ' petitioners' presence may be dispensed with, subject to compliance with the provisions of Section 228 of the B.N.S.S." 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if any, pending in this criminal petition shall SD/- K.J.RAJABABU ASSISTANT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To 1. The Additional Judicial Magistrate of 1®* Class, Rayachoty, Annamayya District. 2. The Station House Officer, Rayachoty U/G Police Station, Annamayya District. 3. One CC to Sri Pala Karthi Kiran, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 5. Three CD Copies TK TAC r HIGH COURT DATED; 18/03/2025 ORDER CRLP.No.2825 of 2025 0" X 09 APR 2025 a^ . Current Seciion DISPOSING OF THE CRIMINAL PETITION