APHC010140732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2173 of 2023 Between: Pavuluri Mohan Rao, S/o. Late Venkata Subba Naidu, Aged about 63 years, Occ; Agriculturist, R/o D.No.575, Hanumantha Rao Nagar, Malavyna Nagar, Gudur Town, Nellore District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, The High Court of A.P at Amaravathi. ...Respondent 2. Venkata Ramanaiah Chintham Reddy, S/o. Sesha Reddy, Aged 50 Years, R/o. Kanupuru Village, Venkatachalam Mandal, Nellore District. ...Respondent/De-facto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the C.C No. 1040 of 2020 on the file of Honourable Additional Judicial Magistrate of First Class, Gudur, Nellore District. lA NO: 1 OF 70?-^ Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal may be pleased to stay all further proceedings including Petitioner/Accused in C.C. No.1040 of 2020 Additional Judicial Magistrate of First Class, Guduru disposal of the Criminal Petition. Counsel for the Petitioner praying that in the circumstances Petition, the High Court appearance of the on the Court of the Honourable Nellore District, pending : Sri T D Pani Kumar Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following: , f APHC010140732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2173/2023 Between: 1.PAVULURI MOHAN RAO, S/0. LATE VENKATA SUBBA NAIDU, AGED ABOUT 63 YEARS, OCC. AGRICULTURIST, RIO D.N0.575, HANUMANTHA RAO NAGAR, MALAVYNA NAGAR, GUDUR TOWN, NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1 THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, THE HIGH COURT OF A.P AT AMARAVATHI, 2.VENKATA RAMANAIAH CHINTHAM REDDY, S/0. SESHA REDDY, AGE. 50 YEARS, R/0. KANUPURU VILLAGE, VENKATACHALAM MANDAL, NELLORE DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to Quash the C.C No. 1040 of 2020 on the file of Honourable Additional Judicial Magistrate of First Class, Gudur, Nellore District and pass lA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Hence, the Petitioners further prays that the Honourable Court may be pleased to stay all further proceedings including appearance of the 2 Petitioner/Accused in C.O No. 1040 of 2020 on the Court of the Honourable Additional Magistrate of first class Guduru, Neliore District pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused: 1.TD PANI KUMAR Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR (AP) • / The Court made the following Order: Learned counsel for the petitioner submits that the petitioner submits that the petitioner is arrayed as accused No.1 in C.C.No.1040 of 2020 and is facing trial for alleged offences under Sections 447, 427, 323 and 506 of IPC. It is submitted that the petitioner had purchased Ac.24.00 cents of land in Survey No. 1048 and 1051 situated at Girisastrulavari Knadriga village, Nellore district, vide various registered sale deed in the year 1998. It is submitted that the revenue authorities had also issued Pattadar Passbooks and mutated the name of the petitioner in the revenue records. The respondent had filed an appeal before the Joint Commissioner against the mutation of the petitioner’s name and issuance of Pattadar Passbook in the name of the petitioner. The respondent was influencing the nd said appeal was dismissed. The 2 concerned jurisdictional police and they were interfering in the possession of the petitioner at behest of the 2^^ respondent. The petitioner filed Writ Petition No. 14 of 2019 and this Court vide order dated 21.02.2019 disposed of the writ petition, directing the respondent police not to interfere in the civil disputes pending between the petitioners and the respondents therein. The family members of the 2"^^ respondent were made party respondents in the writ petition. However, the Station House Officer, Gudur Rural Police Station, tried to apprehend the petitioner and the petitioner filed contempt before this Court and the same is pending. Subsequently, the petitioner filed a complaint against the Station House Officer in the same police station which was registered as Crime No. 14 of 2020. On the immediate next day, the Station House Officer has registered a complaint alleging that the 2 nd respondent has filed the complaint against the petitioner alleging offences under Sections 447, 427, 323 and 506 of IPC. 2. Learned counsel for the petitioner submits that the petitioner is in possession and enjoyment of the property and allegation of trespass into the petitioner’s own property cannot withstand scrutiny at trial. The police after investigation have filed a charge sheet by conducting table investigation only to harass the petitioner as the petitioner had filed a contempt case against the Station House Officer and also a complaint against Station House Officer. 3. The charge sheet, as seen from the record, would indicate that the petitioner has trespassed into the property which is in his possession and the police have examined four witnesses who have given identical statement as that of the LW1. All the witnesses speak about trespass into the land in Survey No. 1048. When the petitioner is in possession and enjoyment of the land in Survey No. 1048 and when the petitioner has been issued a Pattadar Passbook and title deed, apart from registered sale deeds, allegations under Section 447 cannot be made against the petitioner. Notice was sent to the 2"^^ respondent by Registered Post with Acknowledgment Due. Proof of service is filed. There is no representation for the 2"'^ respondent. It has to be presumed that the 2"^^ respondent is not interested in pursuing this matter. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 4. 5 6. Considering the submission that the petitioner is the owner of the property evidently as seen from the record and as seen from the document submitted and the complaint also would indicate that the petitioner has trespassed into the land forming part and parcel of Survey No. 1048, he cannot be accused of trespass to his own property. On these grounds, the proceedings in C.C.No.1040 of 2020 on the file of Additional Judicial Magistrate of First Class, Gudur, Nellore district, against the petitioner herein is hereby quashed. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand 7. 8. 9. closed. Sd/- M SRINIVAS ASSISTANT REGISTRAI^ //TRUE COPY// SECTION OFFICER To 1. The Additional Judicial Magistrate of First Class, Guduru, SPSR Nellore District. 2. The Station House Officer, Gudur Rural Police Station, SPSR Nellore District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri T D Pani Kumar, Advocate [OPUC] 5. Two CD Copies TK nm HIGH COURT DATED:26/06/2025 ORDER CRLP No.2173 of 2023 i ALLOWING THE CRIMINAL PETITION