APHC010236602020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3570/2020 Between: 1. RAYUDU REVATHI,, KV/O. NEKKANTI NAGESWARA RAO, HINDU, AGED ABOUT 46 YEARS, OCC SELF EMPLOYEE, RIO. FLAT NO.501, VASUNDHARA RESIDENCY, PRASANTHI NAGAR, PENDURTHI, VISAKHAPATNAM CITY. 2. NEKKANTI NAGESWARA RAO, , S/O. LATE ACHYUTHA RAMAIAH, HINDU, AGED ABOUT 49 YEARS, BUSINESS, RIO. HAT NO.501, VASUNDHARA RESIDENCY, PRASANTHI NAGAR, PENDURTHI, VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PARADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI. 2. MANTHA REVATHI, W/O. LATE NAGA RAJU, HINDU, AGED ABOUT 53 YEARS, R/O. D.NO.45-57-22/6/19, FLAT NO.20, SRI VIGNESWARA APARTMENT, NARASIMHANAGAR, VISAKHAPATNAM. ...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 proceedings in M,C.No.06/2020/C on the file of Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam as against the petitioners/B-Party and pass IA NO: 1 OF 2020 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 dispense with the filing of the certified copy of the proceedings in MC.No.06/2020/c on the file of Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam and pass IA NO: 2 OF 2020 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 all further 2 proceedings including appearance of the petitioners in M.C.No.06/2020/C on the file of Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam pending the Criminal Petition before this Hon'ble Court in the interest of justice. Counsel for the Petitioner/accused(S): 1. RAJA REDDY KONETI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. G TUHIN KUMAR The Court Made the Following Order: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the Petitioners herein, seeking quashment of proceedings in M.C.No.06/2020/C passed by the Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam. 2. The Inspector of Police, Gopalapatnam Police Station, Visakhapatnam City, addressed to Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam, informing that the respondents A and B Parties may commit further offence and may create law and order problem and requested to promulgate Section 145 Cr.P.C. orders in connection with the disputed land in Sy.No.207/2B, Adavivaram Village, with a view to prevent both the parties not to enter over the disputed land and to control the law and order situation. 3. Heard Sri Rajareddy Koneti, learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for 1st respondent/State and the learned counsel for the respondent No.2. 4. A perusal of material on record goes to show that a civil suit is pending adjudication between both the parties in OS.No.1140 of 2018 on the file of the learned I Additional Senior Civil Judge, Visakhapatnam, which is 3 filed by the A party for permanent injunction against the petitioners herein. In the said suit, the injunction petition filed by the A party was dismissed. Against which, they also preferred Civil Miscellaneous Appeal No.12 of 2019 before the XI Additional District Judge, Visakhapatnam, which is pending. When once a civil suit is pending in respect of the subject matter, initiation of proceedings under Section 145 Cr.P.C. would amount to multiplication of the adjudication. 5. The Hon‟ble Apex Court in Ram Sumer Puri Mahant Vs. State of U.P. reported in AIR 1985 472, has categorically held that „where civil litigation involving question of possession is pending, parallel proceeding in criminal court is not justified‟. 6. In view of the above said principle enunciated, this Court is inclined to quash the proceedings in M.C.No.06/2020/C of the Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam. 7. Accordingly, the Criminal Petition is allowed, quashing the proceedings in M.C.No.06/2020/C of the Mandal Executive Magistrate, Visakhapatnam Rural, Visakhapatnam. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 17.07.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3570 of 2020 Dt.17.07.2025 ASR