'iw IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5337 OF 2025 Between: 1. Vaigandia Venkateswarlu, son of late Rama Rao, aged about 49 years, Managing Director of Virtusa Life Spaces India Pvt., Ltd., Business, D.No. 16/1592, Beside Jopyalukas Jewellaiy Show Room, Ramurthy Nagar, 2ND Street, Nellore City, SPSR Nellore District- 524002 Vaigandia Hemamalini, wife of Vaigandia Vaigandia Venkateswarlu, aged about 46 years. Director of Virtusa Life Spaces India Pvt., Ltd., Business, D.No. 16/1592, Beside Jopyalukas Jewellary Show Room, Ramurthy Nagar, 2 Street, Nellore City, SPSR Nellore District- 524002 2. ...PETITIONERS/ACCUSED NOS.1&2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, Amaravati, Guntur District through Station House Officer, Totapalli Gudur Police Station, SPSR Nellore District ...RESPONDENT 2. Shaik Ibrahim, son Mahaboob Saheb, aged about 38 years, residing at Thattugullapalem, Varigonda, T.P.Gudur Mandal, SPSR Nellore District. w ...RESPONDENT/DEFACTO 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 call for the records pertains to 'TIR.No.116 of 2025 of Totapalli Gudur Police Station, SPSR Nellore District and the same may be quashed against the petitioners/Acc used Nos. 1 & 2 herein. I.A. NO: 2 OF 2025 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 stay of all further proceedings in connection with FIR.No.116 of 2025 of Totapalli Gudur Police Station, SPSR Nellore District, pending disposal of the above said quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V SURENDRA REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following Order 1 CRLP 5337 2025 APHC010257422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5337/2025 Between; Vaigandia Venkateswarlu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.VSURENDRA REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 CRLP 5337 2025 % THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5337 OF 2025 ORDER: Heard the submissions of the learned counsel for the petitioners and the learned Standing Counsel appearing for the 2'^^ respondent. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 & A.2 in Crime No.116 of 2025 of Totapalli Gudur Police Station, Sri Potti Sriramulu Nellore District, registered for the alleged offences under Sections 318(4) of the Bharatiya Nyaya Sanhita. The learned counsel for the petitioners submits that the 2"'^ respondent entered into an agreement of sale with the petitioner for the purchase of immovable property for a total consideration of rupees sixty eight lakhs. However, the 2'^^ respondent remains liable for the payment of rupees forty two lakhs. As the amount has not been remitted, the said property was not registered in the name of the 2"^^ respondent, respondent has lodged a private complaint, alleging non registration of the property, before the learned Magistrate and the same was in turn forwarded to the police for registration of the crime and 1. 2. 3. nd 4. The 2 investigation. 5. From a perusal of the complaint, it is evident that the grievance of the 2"'^ respondent pertains to the non-registration of the property that is the subject of the complaint. 3 CRLP 5337 2025 ‘-t- 6. The learned counsel for the petitioners further submits that the petitioner refrained from executing the sale deed as the agreed consideration was not fully paid. Considering the civil nature of the allegations, this Court is inclined to dispose of the criminal petition, directing the Station House Officer, Totapalli Gudur Police Station, Sri Potti Sriramulu Nellore District, to complete the investigation in Crime No. 116 of 2025 by following the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, duly considering the explanation submitted by the petitioners in response to the notice issued. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Special Judicial Magistrate Of First Class For Railways, Nellore. 2. The Station House Officer, Totapalli Gudur, SPSR Nellore District 3. One CC to Sri V Surendra Reddy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.[OUT] 5. Three CD Copies US VNA HIGH COURT DATED:08/05/2025 ORDER CRLP.No.5337 of 2025 DISPOSING OF THE CRIMINAL PETITION