APHC010157982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2710/2024 Between: 1. BC NAGARAJU, S/O.B CHOWDAPPA, AGED ABOUT 57 YEARS, CHARIMAN OF KUPPAM EDUCATIONAL SOCIETY, R/O 14-58, RADHAKRISHNA ROAD, KUPPAM, CHITTOOR DISTRICT ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, THROUGH SHO, KUPPAM POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. STUART GREGORY TAYLOR, (DEFACTO COMPLAINANT)(DIED) S/O LB TAYLOR, AGED ABOUT 69 YEARS. EXECUTIVE DIRECTOR OF LABOUR OF LOVE SOCIETY, KUPPAM ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to quash the proceedings in FIR in Cr. No. 15 of 2012 of Kuppam PS, Chittoor District Dated 01-03-2012 and to pass Counsel for the Petitioner/accused: 1. K SRINIVAS Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the 2 Petitioner/A.1, seeking to quash the Proceedings against him in Crime No.15 of 2012 on the file of Kuppam Police Station, Chittoor District registered for the offences punishable under Sections 420, 468, 471 read with 120(B) IPC. Heard Sri K.Srinivas, learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent/State. Perused the material on record. Learned counsel for the Petitioner would submit that the subject Crime has been registered against the Petitioner and others, wherein Petitioner herein is arrayed as A.1. Respondent Police, after due investigation, filed final report that the matter is „civil in nature‟ and obtained permission from the Sub Divisional Police Officer, Palamaner vide Proceedings dated 24.08.2015 to the effect that „basing on the report submitted by the Inspector of police, Kuppam Circle, is permitted to drop further action in this Crime‟ and filed the final report before the Court of Judicial First Class Magistrate, Kuppam. Learned counsel would submit that the learned Magistrate so far, did not take any decision on the final report filed by the Police. Learned counsel requested for a direction to the Trial Court for taking an early decision on the final report since the matter is pending for the last ten years. At this juncture, learned Assistant Public Prosecutor on instructions would submit that witness No.2 has filed a protest petition against the final report and Learned Magistrate has recorded the statement of witness 3 No.2 since the complainant died and the matter is pending for further examination of the witnesses and requested that this Court may pass appropriate orders. Considering the submissions and a fair look at the material on record, during investigation, the Investigating Officer made efforts to collect material with regard to the suit filed by Petitioner/A.1 and also other material papers with regard to the suit filed by A.2 to A.8 vide OS No.35 of 2012 on the file of the Court of Principal Senior Civil Judge, Chittoor for original sale deeds and Original General Power of Attorney alleged to have been executed by the Complainant in favour of A.9. Despite their efforts, Police could not get the said original documents from the concerned Civil Court. The OS No.89 of 2014 is filed by the Plaintiff, who is Petitioner herein for declaration of title over the schedule property and the said suit was dismissed by the Learned IX Additional District Judge, Chittoor vide Judgment dated 21.11.2019.The final report of the Inspector of Police, Kuppam Circle, reveals that in the absence of the original General Power of Attorney, the signature of the Complainant cannot be compared by the hand writing expert and that since the subject matter is pending before the competent civil court with regard to the rights of A.1 of A.8, the matter is „SUB JUDICE‟ and that the Complainant died during the course of investigation and referred the matter as „civil in nature‟. 4 For the foregoing reasons and since the matter is pending for the last ten years, it is apposite to direct the Learned Judicial First Class Magistrate, Kuppam to take an appropriate decision over the matter according to law as expeditiously as possible without granting any further adjournments in a casual way on mere asking and report the progress of the matter to the Registrar (Judicial) of this High Court by 31.10.2025. With the above direction, this Criminal Petition is disposed of. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 2710 2024 01.09.2025 Mjl /*