APHC010183462022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3224/2022 Between: 1. GURRAM CHINNA NARASAIAH, S/O. CHINNA POLAIAH, AGED 61 YEARS, OCC. AGRICULTURE, R/O. JANGALADORUVU VILLAGE, SANGARN MANDAL, SPSR NELLORE DISTRICT. 2. GURRAM KARTHIK, S/O. CHINNA. NARASAIAH, AGED 26 YEARS, OCC. STUDENT, R/O. JANGALADORUVU VILLAGE, SANGAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, SANGAM P.S., SPSR NELLORE DISTRICT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI. 2. GURRAM PURUSHOTHAM, S/O. KONDAIAH, R/O. JANGALADORUVU VILLAGE, SANGAM MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. P NARAHARI BABU Counsel for the Respondent/complainant(S): 1. PRASANTHI GUDE 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in C.C.No.154 of 2021 1 in short ‘Cr.P.C.’ 2 on the file of the Court of I Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District for the offences under Sections 324 and 323 read with 34 of Indian Penal Code2. 2. Heard Sri P.Narahari Babu, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent No.1/State. Learned counsel for Respondent No.2 did not turn up to submit arguments. 3. Learned counsel for the Petitioners would submit that the Petitioners herein are the father and son and the land was allotted to Accused No.1 by the Government in the year 1997 itself. Learned counsel would submit that the matter is of civil nature and same is given the colour of criminal offence. Learned counsel would further submit that Accused No.1 was pursuing studies in Hyderabad and he was not in town on the date of alleged incident and a false case has been lodged against him. It is submitted that the Petitioner/Accused No.1 filed a writ petition and obtained order of Status-quo and in view of that, he cannot be evicted without due process of law. Learned counsel would finally submit that the present complaint has been lodged with false and frivolous allegations. Hence, prayed to quash the proceedings against the Petitioners. 4. Learned Assistant Public Prosecutor would submit that this is not a fit case for quashment. It is submitted that there are specific allegations made against the Petitioners to attract the offences under Sections 324 and 323 IPC. Hence, prayed for dismissal of the petition. 2 in short ‘IPC; 3 5. Considering the submissions and a fair look at the contents of the complaint and the material placed on record, as rightly put by the learned Assistant Public Prosecutor, there are clearly allegations made against the Petitioners prima facie to attract the alleged offences against them. Therefore, it is not a fit case for quashment. The rival claims between the parties is a different issue. The complaint would show specific allegation that the De facto Complainant was beaten by Petitioners/Accused Nos.1 and 2. The argument that Accused No.2 was not present at the time of the incident and he was elsewhere, is a matter of defence. This Court cannot decide the truth or otherwise of the same while exercising the jurisdiction under Section 482 Cr.P.C. Therefore, the petition lacks merit and the same deserves dismissal. 6. In the result, the Criminal Petition is dismissed. However, the presence of the Petitioner/Accused No.2 before the trial Court is dispensed with except on the specific dates as directed by the trial Court. Pending miscellaneous petitions, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.01.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3224 of 2022 Dt.03.01.2025 Dinesh