APHC010160182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2468/2023 Between: 1. PAPIREDDY MADAN MOHAN REDDY, S/O P RAGHUNADHA REDDY AGED 47 YEARS, OCC.CORRESPONDENT ARCHANA COLLEGE, R/O.KATAVAKINDA PAPIREDDIGARIPALLE E.ABBAVARAM POST, RAYACHOTY MANDAL ANNAMAIAH DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATHI 2. DR PAPIREDDY NARAYANA REDDY, S/O.LATE GANGI REDDY AGED 65 YEARS, BATTU STREET ARCHANA NARSING HOME RAYACHOTY TOWN, ANNAMAIAH DISTRICT ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. D KODANDARAMI REDDY Counsel for the Respondent/complainant(S): 1. V R REDDY KOVVURI 2. PUBLIC PROSECUTOR (AP) The Court Made the Following Order: The instant petition under Section 482 Cr.P.C., has been filed by the petitioner/Accused, seeking quashment of proceedings against him in C.C.No.13 of 2023 on the file of the Court of Additional Judicial Magistrate of First Class, Rayachoty, for the offences under Sections 447, 427, 341 and 506 IPC. 2 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No.1/State and the learned counsel for the respondent No.2. 3. As per the charge sheet it is alleged that the petitioner herein grabbed the land of respondent No.2 to some extent and the petitioner herein threatened the respondent No.2 with dire consequences. However, it is the contention of the petitioner herein that he is the absolute owner of the subject land and he has been in peaceful possession and enjoyment over the same. In support of his contention, he relied on the endorsement made by the Tahsildar, Rayachoty Mandal, which clearly shows that the petitioner has been in possession of the said land. 4. As seen from the record, when the respondent No.2 tried to remove the fencing of the land, the accused went there and created galatta. When the accused is in the absolute possession of the land, prima facie the ingredients of criminal trespass and causing mischief under Sections 447 and 427 IPC would not attract against the petitioner herein who is in possession of the same. It is made clear that without going into the merits of the case, the charge sheet itself is liable to be quashed. 5. Accordingly, the Criminal Petition is allowed and the proceedings, in respect of petitioner herein in C.C.No.13 of 2023 on the file of the Court of Additional Judicial Magistrate of First Class, Rayachoty, are hereby 3 quashed. However, parties are at liberty to work out their remedies before appropriate forum regarding their right, title and possession over the disputed property. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 15.09.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.2468 of 2023 Dt.15.09.2025 ASR