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2025 DAILYLAW 16189 (AP)

K.Bhaskar Reddy v. State of Andhra Pradesh,

CRLP/3331/2022 · 2025-01-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010211912022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 3331 of 2022 Between: K.Bhaskar Reddy and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. P NARASIMHULU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioners/A.1 and A.2, to quash the Proceedings against them in Crime No.32 of 2022 on the file of KIA Police Station, Anantapur District, registered for the offence under Section 427 IPC and Section 3 of PDPPA Act. 2. Heard Sri Narasimhulu Parise, learned counsel for the Petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent No.1/State. Notice sent to respondent No.2 is not served. Perused the material on record. 3. Learned counsel for the Petitioners would submit that the Petitioners have nothing to do with the present case and that merely on the complaint given by respondent No.2, this false case has been lodged against them. Further, Petitioners have purchased the subject property under a valid 2 registered sale deed and they are the bonafide purchasers. Further, respondent No.2 without knowing that whether the subject land is an endowment land or not straight away lodged the present case against the Petitioners and hence, continuation of criminal proceedings against them is mere abuse of process of law. 4. On the other hand, learned Assistant Public Prosecutor would submit that there is a verifiable material against the Petitioners since the registered sale deed do not contain any particulars about the title of the executants over the subject property and that due to stay granted by this Court, the investigation is stalled. 5. Considering the submissions and on a perusal of the material on record, as rightly put by learned Assistant Public Prosecutor the matter requires investigation. Due to the stay granted by a Coordinate Bench of this Court, there is no progress in the investigation. 6. Learned counsel for the Petitioners would submit that the offences registered against the Petitioners are punishable with less than seven years period of imprisonment and the Petition may be disposed of by giving protection to the Petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 7. In the light of the aforesaid premises, the Criminal Petition is disposed of directing the Police to proceed with the investigation and file a final report 1 (2014) 8 SCC 273 3 according to law by following the guidelines in Arnesh Kumar’s Case (supra). 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 27.01.2025 Mjl/* 4 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3331 of 2022 27.01.2025 Mjl/*