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2025 DAILYLAW 14098 (AP)

PUDHOTA SATHISH PAUL RAJU v. THE STATE OF ANDHRA PRADESH

CRLP/3714/2025 · 2025-04-22

Harinath N

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CRL.P. No.3714 of 2025 APHC010172272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3714/2025 Between: Pudhota Sathish Paul Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. M JANARDHAN RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P. No.3714 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3714 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.1 in Crime No.11 of 2025 of Narasaraopet Rural Police Station, Palnadu District, registered for the alleged offence under Sections 318(4), 336(3), 340(2), 329(3), 126(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the complaint of the 2nd respondent alleging that the petitioner and the other accused created documents for Ac.1.56 acres of land belonging to the 2nd respondent, forged his signatures, and wrongfully trespassed on the property. 3. The learned counsel further submits that an agreement of sale was entered into between the petitioner and the 2nd respondent on 12.12.2014, for which an advance was also paid by the petitioner. Since the property falls under an agreement of sale pending registration, the petitioner filed O.S. No. 505 of 2023 on the file of the Principal Junior Civil Judge, Narasaraopet, for specific performance. Instead of contesting the civil case, the 2nd respondent allegedly filed a false complaint, transforming the civil dispute into a criminal matter. 3 CRL.P. No.3714 of 2025 4. The learned Assistant Public Prosecutor submits that the offences alleged against the petitioner are punishable below 7 years and, therefore, the police will follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor, the Station House Officer, Narasaraopet Rural Police Station, Palnadu District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioner is concerned, for the purpose of investigation in connection with Crime No.11 of 2025. This order would not preclude the investigation officer for filing charge sheet or final report after completion of the investigation. 6. Accordingly, the criminal petition is disposed off. 7. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.22.04.2025 BV