APHC010221352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY. THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4716 OF 2024 Between: 1. Pragada Suresh, S/o. Malyadri, 34 years, R/o. Near Current Office, Ranigarithota, Krishnalanka, Vijayawada. 2. Buchapalli Gangi Reddy, S/o. Venkateswarlu, 37 years, R/o. Anandh Bhavan Road, KrishnaLanka, Vijayawada. 3. Thellagaddam Venkata Chinthayya, S/o. Thirupathaih, 50 years, R/o. Near Ice Factory, Ranigarithota, Krishnalanka, Vijayawada. 4. Chinthalapudi Venkateswara Reddy, S/o. Venkata Reddy, 40 years, Radhakrishna Murthy Road, Ranigarithota, Krishna Lanka.Vijayawad a. 5. Dodda Thirupathi Reddy, S/o. Subba Reddy, 52 years R/o. D.No 41- 20/5-42, Kalpana Prints, Krishna Lanka, Vijayawada. 6. Jagadeesh Prasad Kotariya @ Jaggu Bhai, S/o. Badrilal Kotariya, 50 Years, D.No. 15-8-148, Begum Bazar, Hyderabad. ...PETITIONER N0.1 TO 6 AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. V *• 2. The Sub-Inspector of Police, Krishnalanka Police Station, NTR District. ...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC No. 1196 dated 2019 on the file of II Additional Metropolitan Magistrate at Vijayawada, NTR District. lA NO: 2 OF 2024 Petition under Section 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 may be pleased to grant stay all further proceedings including the appearance of the Petitioners herein i,e., A2 to A7 in C.C.No. 1196 of 2023 pending on the file of Hon'ble Judicial Magistrate of First Class at Nuzvid. Counsel for the Petitioners ; SRI DURGA SRINIVASA RAO SAMPARA Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2 : - The Court made the following ORDER : APHC010221352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4716/2Q24 Between: 1.PRAGADA SURESH,, S/O. MALYADRI, 34 YEARS, R/O. NEAR CURRENT OFFICE, RANIGARITHOTA. KRISHNALANKA. VIJAYAWADA. 2.BUCHAPALLI GANGI REDDY,, S/O. VENKATESWARLU, 37 YEARS, R/O. ANANDH BHAVAN ROAD, KRISHNALANKA, VIJAYAWADA. 3.THELLAGADDAM VENKATA CHINTHAYYA,, S/O. THIRUPATHAIH, 50 YEARS, R/O. NEAR ICE FACTORY, RANIGARITHOTA, KRISHNALANKA. VIJAYAWADA. 4.CHINTHALAPUDI VENKATESWARA REDDY,, S/O. VENKATA REDDY. 40 YEARS, RADHAKRISHNA MURTHY ROAD, RANIGARITHOTA, KRISHNA LANKA,VIJAYAWADA. 5.DODDA THIRUPATHI REDDY,, S/O. SUBBA REDDY, 52 YEARS R/O. D.NO 41-20/5-42, KALPANA PRINTS, KRISHNA LANKA, VIJAYAWADA. 6.JAGADEESH PRASAD KOTARIYA @ JAGGU BHAI„ S/O. BADRILAL KOTARIYA, 50 YEARS, D.NO 15-8-148, BEGUM B/\ZAR, HYDERABAD. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT I AMARAVATI. 2.THE SUBINSPECTOR OF POLICE, KRISHNALANKA POLICE STATION, NTR DISTRICT. ...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 Courtmay be pleased to quash the CC No. 1196 dated 2019 on the file of II AddI Metropolitan Magistrate at Vijayawada, NTR district against the petitioners/accused No. 1 to 6 and direct the 2nd respondent release the seized stock lA NO: 1 OF 2024 Petition under Section 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 may be pleased may be pleased to condone the delay of 53 days in re-presenting the CRLP. S.R. No. 4431 of 2024 lA NO: 2 OF 2024 Petition under Section 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 may be pleased may be pleased to grant stay all further proceedings including the appearance of the Petitioners herein i,e., A2 to A7 in C.C.No. 1196 of 2023 pending on the file of Hon'ble Judicial Magistrate of First Class At Nuzvid pending disposed of the above criminal Petition Counsel for the Petitioner/accused(S): 1.DURGA SRINIVASA RAO SAMPARA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4716 of 2024 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State respondent. 2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in CC.No.1196 of 2019 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada, registered for the offences punishable under Sections 270, 273 and 120(B) of IPC. 3. The learned counsel for the petitioners submits that the very inception of the F.I.R. is defective. The learned counsel, while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners. 4. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018. 5. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the Charge Sheet and F.I.R., filed along with the material papers would clearly show that the police went to the scene of offence along with mediators and got prepared mediators report and basing on the mediators report, the Police have registered the Crime against the petitioners in this case. S 1 6. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in CC.No.1196 of 2019 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada. 7. Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed. 8. SDI- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Metropolitan Magistrate at Vijayawada, NTR District. 2. The Station House Officer, Krishnalanka Police Station, NTR District. 3. One CC to SRI. DURGA SRINIVASA RAO SAMPARA Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 5. Two CD Copies Chp TAG f HIGH COURT DATED:10/07/2025 ORDER CRLP NO. 4716 OF 2024 ALLOWING THE CRIMINAL PETITION