IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5168 OF 2025 Between: Kapireddy Nadhamuni Reddy, S/o.late Kesavulu Reddy, Aged about 51 years, R/o.D.No.3-98, Annaswami palli, Venkatapuram, Renigunta, Chittoor, Chittoor District. Kapireddy Prabhakar reddy, S/o. late Kesavulu Reddy, Aged about 45 years, R/o. D.No. 3-98, Annaswami palli Venkatapuram, Renigunta, Chittoor, Chittoor District 1. 2. ...PETITIONER/ACCUSED No.2 & 3 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi. 1. ...RESPONDENT C.Nirmala, W/o. C.Rajan Babu, Aged about 69 years, R/o. D.No. 18-1- 502/B9, RNR Apartments, Bhavani Nagar, KT Road, Tirupathi, Tirupathi District 2. ...RESPONDENT/COMPLAINANT Petition 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 proceedings against the petitioners/A2 & A3 in Cr.No. 381/2024, Dt.21.12.2024 for the offences under sections 318 (3), 318(4), 324(5), 335, 339,340(2), 343 r/w 3(5) of BNS 3,4,5 of APLGA on the file of Tiruchanur Police station, Tirupathi District I.A. NO: 2 OF 2025 Petition 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 stay all further proceedings in Cr.No.381/2024, Dt.21.12.2024 for the offences under sections 318 (3), 318(4), 324(5), 335, 339,340(2), 343 r/w 3(5) of BNS 3,4,5 of APLGA on the file of Tiruchanur Police station, Tirupathi District, pending disposal of the criminal petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kanakala Devi Prasannakumar Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following Order: 1 HN,J Crlp.No.5168_2025 APHC010245202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5168/2025 Between: Kapireddy Nadhamuni Reddy and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and . Others Counsel for the Petitioner/accused(S): 1.KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S) L.rip.lNO.DJ.DO_ZUZ3 The Court made the following Order: The learned counsel for the petitioners submits that the petitioners are 1. arraigned as Accused Nos.2 and 3 in Crime No.381 of 2024, on the file of Tiruchanur Police Station, Tirupathi District, for the alleged offences under Section 318(3), 318(4), 324(5), 335, 339, 340(2), 343 read with Section 3(5) of the BNS and Sections 3, 4 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short, “APLGA”). It is submitted that the provisions of Sections 3, 4 and 5 of the APLGA cannot have been invoked by the police at this stage, as the same have to be adjudicated by the Special Court under the said Act, and mere allegations do 2. not suffice to attract Sections 3, 4 and 5 of the APLGA. Considering the same, there shall be a direction to the Station House officer, Tiruchanur Police Station, Tirupathi District, to complete the investigation by following the due procedure as contemplated under Section 35(3) of the 3. BNSS. With the above direction, the Criminal Petition is disposed off. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer Tiruchanur Police station, Tirupathi District 2. One CC to Sri. Kanakala Devi Prasannakumar, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies vna % HIGH COURT DATED :07/05/2025 ORDER CRLP.No.5168 of 2025 DISPOSING OF THE CRLP