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2025 DAILYLAW 18368 (AP)

Tellam Naveen, v. The State of Andhra Pradesh

CRLP/4131/2021 · 2025-03-19

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY .THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4131 OF 2021 Between: 1. Tellam Naveen, S/o Sankurudu, Age- 22 yrs, ST Koya, Ramanakkapeta Village, Jeelugumilli Mandal. A-1 2. Tellam Sankurudu, S/o Kannappa, Age- 40 years, C/ST-Koya, Ramanakkapeta Village, Jeelugumilli Mandal. A-2 3. Tellam Jayamma, W/o Chanti, Age- 44 yrs, C/ST-Koya Ramanakkapeta Village, Jeelugumilli Mandal. A-3 4. Pandu Chandramma, W/o Venkateswara Rao, Age- 45 yrs, C/ST-Koya, Ramanakkapeta Village, Jeelugumilli Mandal. A-4 5. Tellam Bojji, S/o Nanesu, Age-30 yrs, C/ST-Koya, Ramanakkapeta Village, Jeelugumilli Mandal, West Godavari District. A-5 ...Petitioner/Accused No. 1 to 5 AND 1. The State of Andhra Pradesh, Rep. by its SHO, Jeelugumilli PS, Rep. by Public Prosecutor, High court of Andhra Pradesh, at Amaravathi. 2. Saka Krishna, S/o Nageswara Rao, Working as Mandal Revenue Inspector, Jeelugumilli Mandal, West Godavari District. ...Respondent Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.311/2020, on the file of Judicial Magistrate of First Class Jangareddygudem, against the Petitioners/Accused. I.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.311/2020, on the file of Judicial Magistrate of First Class Jangareddygudem, including the disposal of the Main Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P R K Amerandra Kumar, Advocate for the Petitioners Prosecutor on behalf of Respondent No.1 The Court made the following: appearance of the Accused till the and the Assistant Public ptr - APHC010255242021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4131/2021 Between: Tellam Naveen, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.P R K AMERANDRA KUMAR Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 2. The learned counsel for the petitioners submits that the petitioners are arraigned as Accused Nos. 1 to 5 in C.C. No. 311 of 2020 on the file of the Judicial Magistrate of First Class, Jangareddigudem, for the alleged offences under Sections 143, 447, 332, 353, 341, 354, 506 r/w Section 141 of the Indian Penal Code. 2 ✓ It is submitted that the petitioners are in possession of the land in R.S. 3. Nos. 21/2, 22/2, 24/1, 24/2, 25, and 21/IB of Ramannapalem Village Jeelugumilli Mandal, West Godavari District, to an extent of Ac. 33.55 cents. In this regard, the petitioners were constantly obstructed from entering their land, and as such, they had filed W.P. No. 36332 of 2014 challenging the proceedings of the Tahsildar. This Court, vide order dated 28.11.2014, granted an order of 4. status-quo. As of the date of the order of status-quo, the petitioners were in possession of the said land. However, the revenue authorities, unmindful of the said order, on 24.09.2019, came out to the property and registered a false complaint alleging that the petitioners have committed various offences. The police have completed the investigation and filed a charge sheet against the petitioners. It is submitted that the petitioners cannot be charged with trespassing on their own land. It is further submitted that the order of status-quo granted by this Court in favour of the petitioners in the above said writ petition. The petitioners in the present criminal petition are also part and parcel of the families of the petitioners who have filed the above said writ petition. The Tahsildar ought to have extended the benefit of the status-quo order to the petitioners. However, the Tahsildar, all of a sudden, in the year 2019, filed a false complaint against the petitioners. It is submitted by the learned counsel for the petitioners that the 2"'^ respondent is not appearing before the trial 5. 3 m * Court for the commencement of trial, and the matter has been coming up for trial for the last two years. Considering the said submission, this Court deems it appropriate to dispose off the quash petition without going into the merits, by dispensing with the presence of the petitioners, by submitting an undertaking to the learned Judicial Magistrate of First Class, Jangareddigudem, to appear as and when 6. required in C.C.No.311 of 2020. Accordingly, this Criminal Petition is disposed off. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// OW^rOFRCER SE To 1. The Judicial Magistrate of First Class, Jangareddygudem, West Godavari District 2. The Station House Officer, Jeelugumilli PS, West Godavari District 3. One CC to Sri. P R K Amerandra Kumar, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies Stu sree p HIGH COURT DATED:19/03/2025 ORDER CRLP.No.4131 of 2021 ANOfii^ '4” 0 2 APS 2025 ^ Current Section DISPOSING OF THE CRIMINAL PETITION