% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3134 of 2025 Between: 1. K. Ramalinga, S/o. Kundurpaiah, Aged about 59 years, Occ: Cultivation, Kurubarahalli (kurlapalli) Village, Kalyanadurgam Anantapur District. 2. K. Gopi, S/o. Ramalinga, Aged about 38 years, Occ: Cultivation, R/o. Kurubarahalli (kurlapalli) Village, Kalyanadurgam Mandal District. 3. K.Bramha Kumar, S/o. Ramalinga, Aged about Cultivation, R/o. Kurubarahalli (kurlapalli) Village, Kalyanadurgam Mandal, Anantapur District. 4. K. Aruna, W/o.K. Gopi, Aged about 29 years, Occ; Cultivation, R/o. Kurubarahalli (kurlapalli) Village, Kalyanadurgam Mandal District. R/o. Mandal, Anantapur 28 years, Occ: Anantapur 5. K. Bhagyamma, W/o. Ramalinga, Aged about 50 years, Occ; Cultivation, R/o. Kurubarahalli (kurlapalli) Village, Kalyanadurgam Mandal, Anantapur District. 6. K. Hanumantharayudu, S/o. Thippeswamy, Aged about 30 Cultivation, R/o. Kurubarahalli (kurlapalli) Village Mandal, Anantapur District. years, Occ; Kalyanadurgam ...Petitioners/Accused Nos.1 to 6 AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of A.P. Amaravati. 2. Kuruba Chimmala Mahendra, S/o. Late Peddappaiah, Aged about 60 years, Occ; Cultivation, R/o. Kurubarahalli (kurlapalli) Village, Kalyanadurgam Mandal, Anantapur District. I \ ...Respondents/Complainant Petition under Section 528 of BNSS (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 FIR No. 14/2025, dated 28.01.2025, registered at Kalyanadurgam Police Station, Anantapur District, under Section 118(2) of the BNS Act. I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS (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 Stay all further proceedings in FIR No. 14/2025 dated 28.01.2025 registered at Kalyanadurgam Police Station, Anantapur District, including arrest of the petitioners in connection with FIR No. 14/2025, pending final adjudication of this petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sreemannarayana Vattikuti, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: % APHC010142722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S5S [3457] r MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3134/2025 Between: ...PETITIONER/ACCUSED(S) K. Ramalinga and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.SREEMANNARAYANA VATTIKUTI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioners submitted that the petitioners are arrayed as accused Nos.1 to 6 in Crime No.14 of 2025 on the file of Kalyandurgam Police Station, Ananthapuramu. 2. 3. The learned counsel for the petitioners are in possession of the land No.44 and Ac.0.73 cents ‘ they have been i The petitioners petitioners submitted that the admeasuring Ac.2.96 cents in Survey in Survey No,41 of Kurubarahalli Vilage and that in possession and enjoyment of the last thirty five (35) were issued possession certificate issued by the Tahsildar the year 2013, It is submitted that the 2’« respondent and years. in petitioners have dispute over the same and the civil dispute was converted into the criminal respondent, the police have registered a case and on a complaint of the 2 nd case. 4. The learned counsel for the petitioners submitted that the police initially registered the law was altered to Section 118(2). The learned counsel for the crime under Section 118(1). However, the provision of 5. petitioners submitted that the 2 nd petitioner was allegedly attacked by the 2 regard the 2"^^ petitioner filed had filed FIR.No. to the complaint, the 2 nd respondent and others and in that 13 of 2025. As a counter blast nd respondent and others had filed The learned counsel for the of 2024 is also pending between the The learned counsel for the a complaint, petitioners submitted that O.S.No.16 6. petitioners and the 2"'" respondent, petitioners submitted that the 7. complaint filed by the petitioner also indicates had used axe for that one of the accused therein causing bleeding injuries. Inspite of the said allegations, the 3 police have registered a crime under Section 118(1). However, in the counter complaint the police have altered the provision of law to 118(2). Though the said provision would not applicable to all the petitioners, the same is brought into ploy only for the purpose of denying the petitioners any relief in the form of grant of bail, etc. Considering the submissions that the civil dispute is pending respondent and also that the case and counter cases are filed, the Station House Officer, Kalyandurgam Police 8. nd between the petitioners and the 2 Station, Ananthapuramu is directed to complete investigation in Crime No.14 of 2025 without taking any coercive steps against the petitioners. This would not preclude the Station House Officer/Investigating Officer in filing the Charge Sheet/Final Report. With the above observations, the Criminal Petition is disposed of. 9. No costs. As a sequel, miscellaneous applications pending, if any, shall 10 stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTF^ //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Junior Division), Kalyanadurgam, Anantapur District. 2. The Station House Officer, Kalyanadurgam Police Station, Anantapur District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 4. One CC to Sri Sreemannarayana Vattikuti, Advocate [OPUC] 5. Three CD Copies TK sree HIGH COURT DATED;24/03/2025 ORDER CRLP.No.3134 of 2025 I 26 MAR 2025 \ Current Section . ^ DISPOSING OF THE CRIMINAL PETITION