BEJJAM MURALI KRISHNA v. THE STATE OF ANDHRA PRADESH
CRLP/4870/2025 · 2025-07-08
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16930 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16930 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010227382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■if' WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4870 OF 2025 Between: Bejjam Mural! Krishna, S/o.Venkaiah, aged 42 years, SC-Mala by Caste, R/o.3-52/2, Ravinuthala Village, Korisapadu Mandal, Bapatia District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District, Andhra Pradesh. 2. Gunturu Chandhini, W/o.Gunturu Anjaneyulu, aged 27 years, Mala by caste, R/o.Ravinuthala Village, Korisapadu Mandal, Bapatia District. ...Respondents Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the C.C. No.300 of 2025, on the file of the Court of Additional Judicial First Class Magistrate, Addanki, Bapatiafor the offences under section 329 (3), 351 (2), 79 of the Bharatiya Nyaya Sanhita. lA NO: 1 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to Stay of all further proceedings in C.C. No.300 of 2025, on the file of the Court of Additional Judicial First Class Magistrate, Addanki, Bapatia for the offences under section 329 (3), 351 (2), 79 of the Bharatiya Nyaya Sanhita, pending disposal of the above Criminal Petition. Counsel for the Petitioner: Sri Kesavi Kumari Nemala Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2: Sri Madhava Rao Nalluri The Court made the following:
’ll APHC010227382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4870/2025 [3457] Between:
1.BEJJAM MURALI KRISHNA, S/0. VENKAIAH, AGED 42 YEARS, SC - MALA BY CASTE R/0. 3-52/2, RAVINUTHALA VILLAGE, KORISAPADUMANDAL, BAPATLADISTRICTANDHRAPRADESH ‘ ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH 2.GUNTURU CHANDHINI, W/0. GUNTURU ANJANEYULU AGED 27 YEARS, MALA BY CASTE, R/0.
RAVINUTHALA VILLAGE, KORISAPADU MANDAL, BAPATLA 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 Courtpleased to Quash the C.C. No. 300 of 2025, on the file of the Hon'ble Court of Additional Judicial First-Class Magistrate, Addanki, Bapatia for the offences under section 329 (3), 351 (2), 79 of the Bharatiya Nyaya Sanhita and pass lA NO: 1 OF 2025 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 pleased to Stay of &II further proceedings in C.C. No. 300 of 2025, on the file of the Hon'ble Court of Additional Judicial First- Class Magistrate, Addanki, Bapatia for the offences under section 329 (3), 351 (2), 79 of the Bharatiya Nyaya Sanhita. pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused:
1.KESAVI KUMARI NEMALA Counsel for the Respondent/complainant(S):
1.MADHAVA RAO NALLURI
2. PUBLIC PROSECUTOR The Court made the following:
# 2 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4870 OF 2025
ORDER:
1. The learned counsel for the petitioner submits that the petitioner is arraigned as accused in CC.No.300 of 2025 on the file of Additional Judicial First class Magistrate, Addanki, Bapatia District for the alleged offences under Section 329(3), 351(2) and 79 of BNS. 2. The learned counsel for the petitioner submits that the petitioner has purchased Ac.0.03y4 cents of land vide agreement and that he had constructed a shed in the said property. The allegation in the complaint is that the 2’^^ respondent had approached the petitioner and questioned as to why he had constructed the shed in the land which is also claimed by the 2^^ respondent. It is alleged that the petitioner had abused the 2^*^ respondent and as such she has filed a complaint alleging various offences. 3. The learned counsel for the petitioner submits that the petitioner as on the date of the alleged allegation he was at Bapatia and he went to submit a representation to the District Collector and was not available in the village for committing any of the alleged offence. It is also submitted that the dispute is civil in nature and the dispute is on account of the claim over Ac.0.03 % cents of land by the petitioner and also the 2^^ respondent. It is submitted that the civil dispute is now even a criminal flavor and a criminal complaint is filed. The police during the course of
I >» 3 L investigation without recording the statement of vendor of the of sale in favour of the petitioner and that police have the agreement of sale in favour of the petitioner. 4. The learned counsel appearing for the 2’^'^ agreement not even consider respondent submits that the issues involved in the present case would require a full-fledged trial as there are several questions on facts which needs to elicit during the course of trial. That apart LWs.3 to 5 are independent witnesses and that are they have witnessed the alleged incident. 5. Considering the submissions, the issue is civil in nature and also considering allegation against the petitioner the present criminal petition is disposed off by dispensing the presence of the petitioner except the dates on which his presence is required. 6. Accordingly, the criminal petition is disposed off. As a sequel, miscellaneous petitions pending, if an^.^shall stand closed.
Sd/- N NAGAMMA ASSISTANT REGISTRAR // SECTION OFFICER //TRUE COPY// To,
1. The Additional Judicial Magistrate of First Class, Addanki, Bapatia District. 2. The Station House Officer, Korisapadu Police Station, Bapatia District. 3. One CC to Sri Kesavi Kumari Nemala, Advocate [OPUC]
4. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC]
5. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT]
6. Two CD Copies BSV vna
HIGH COURT DATED:09/07/2025
ORDER CRLP NO. 4870 OF 2025 ^ 12 SEP 2025 ^Js^ent Sectjgaxvy^ DISPOSING OF THE CRIMINAL PETITION